NOTICE.– WE WOULD ASK YOU TO READ THIS SERVICE USAGE LICENCE AGREEMENT (HEREINAFTER THE “LICENCE”) CAREFULLY BEFORE REGISTERING AND INSTALLING AND/OR USING THE APP. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS OF THIS LICENCE, WE WOULD ASK YOU NOT TO REGISTER AND NOT UNDER ANY CIRCUMSTANCES TO INSTALL THE CORRESPONDING SOFTWARE OR TO USE THE SERVICE IN ANY WAY. THE INSTALLATION OR ANY KIND OF USE OF THE SERVICE IMPLIES THAT YOU KNOW AND ACCEPT THE TERMS AND CONDITIONS OF THIS LICENCE AND ARE BOUND BY THEM.
SERVICE USAGE LICENCE FOR SUBSCRIBERS
VERASAT GLOBAL S.L. (hereinafter “VERASAT”), with registered address in Barcelona, at Carrer Aribau, 168, 1º 1ª, with e-mail firstname.lastname@example.org and website www.verasatglobal.com, as owner and holder of all existing rights over the service subject to this licence, grants authorization to use it under the following terms and conditions:
For the purpose of this licence, the following meanings are understood:
— Service: The SATWAY PRO service, which is a mobile satellite service integrating two-way text messaging, voice communication and satellite geolocation and which works with satellite phones from the INMARSAT, IRIDIUM and THURAYA operators in their respective coverage areas. The Service includes the platform, servers, websites, programs and any other elements making them up, as well as (i) the technical information, installation manuals, usage instructions and any other documents relating to the Service; (ii) the images, photographs, sounds and other own content archives; and (iii) any versions, updates, modifications and improvements to the Service.
— Subscriber: The person, organization or company contracting the Service. Each subscriber will have a separate account, including all the associated information, the corresponding Contact and the associated Users.
— Contact: An individual with a satellite phone with the number registered by the Subscriber for using the Service. Each one is identified in the Service with a unique alias, allowing other Service users to communicate with them without needing to know their names or phone numbers.
— User: An individual with a mobile phone with the Android or iOS operating system who can communicate with Contacts using a special app designed for these systems and integrated into the Service.
— Service website: The website www.satwaypro.com allowing access to the Service register, information and functions.
2. License usage.
2.1. VERASAT grants the Subscriber a non-exclusive usage licence for the Service as an additional feature inherent in the existence of an active subscription. This Licence will be considered to be granted to the Subscriber as soon as it has been accepted when registering in the Service and it will remain in force for the time the subscription to the Service remains active. The different types of subscription available may be consulted on the Service Website at all times.
2.2. The Service Usage Licence is not exclusive and is non-transferrable, granting the Contact and the Users associated with the Subscriber and identified in the account the right to use the Service, subject to the terms and conditions established in this Licence. In the case of Users associated with the Subscriber’s account, the right to use the Service will also be conditional on acceptance of the usage licence for the corresponding app for mobile devices, which implies being strictly subject to its terms and conditions.
2.3. This Licence includes authorization for the Subscriber to make acceptable use of the programs, apps and other software components integrated into the Service, including their installation, loading, transfer, copying and/or reproduction on any computer equipment or device only when necessary for the normal implementation of the service in accordance with its purpose and specifications. The usage licence covers the Contact and the Users associated with the Subscriber’s account under the terms indicated above.
2.4. Any other form of using the Service not expressly included in the purpose of this usage Licence is expressly prohibited, in particular any exploitation of the service and/or its elements not limited to the acceptable use established here or the granting to third parties of any kind of sub-licence, not even free of charge. If any use of the Service not corresponding to acceptable authorized use and/or involving misuse of the Service is detected, VERASAT will have the power to interrupt and/or block all access to the Service by the Subscriber, the Contact and/or the Users associated with the account.
2.5. Subscription to the Service is formally confirmed by the Subscriber’s acquisition of one of the payment plans available at all times, although VERASAT also offers a form of free subscription to the Service in order to allow its evaluation or testing, during the period and under the conditions established for the purpose. The free subscription mode, while it remains active, allows you to use the service under the same terms as any other mode.
2.6. As well as when the subscription ceases to become valid, the Licence will also automatically be terminated if any of its terms is breached, without the need for VERASAT to give advance notice. When the Licence ceases to be valid for any reason the Contact associated with the Subscriber’s account may no longer send messages to the Users associated with it, although he/she will be allowed to continue sending messages to the Subscriber, except in the case of the interruption and/or blocking of the service mentioned above.
3. Reservation of intellectual and industrial property rights.
3.1. The Service belongs to VERASAT, which is the sole and exclusive holder of any existing rights over it and over the elements belonging to it making it up. This refers in particular to the corresponding intellectual and industrial property rights, which are protected by the applicable national and international legislation and with respect to which VERASAT makes an express reservation.
3.2. In addition to its own elements, the operation of the Service involves the use of other resources and services from third parties. Rights over these belong to their respective holders, which are also subject to the protection that particularly corresponds to them with respect to the applicable Spanish and international legislation.
3.3. This Licence does not constitute the sale or any kind of assignment of rights over the Service or its elements or over the resources or services of third parties involved in its operation. Except for the usage rights under the terms indicated above, this Licence does not grant the Subscriber any other rights over the Service and/or its elements or over any third-party resources or services.
4.1. All personal data collected via Subscriber registration and/or during the user of the Service will be incorporated into a file owned by VERASAT, which will be responsible for the file, for the sole purpose of using it for providing the Service, in accordance with the operating specifications. Both the Subscriber and the associated Contact expressly accept the processing of their personal data for this purpose, without prejudice to their being able to exercise the rights of access, correction, cancellation and challenge (known as the ARCO rights) under the terms legally corresponding to them by sending an e-mail to the address appearing at the beginning of this licence, duly identifying themselves and clearly indicating the purpose of their request. In all cases, considering that the personal data from the Subscriber and the Contact is required in order to provide the Service effectively, an order to cancel the data will necessarily involve deregistration from the Service.
4.2. The personal data of associated Users provided by the Subscriber when registering will also be incorporated into this file belonging to VERASAT with the sole purpose of sending them an invitation on behalf of the Subscriber to communicate via the Service. Such User data will be kept temporarily for the established time so the invitation can be made effective. Only if they join the Service during this period and expressly accept the processing of their personal data for the purposes indicated will those Users’ data be kept until the account of the Subscriber with which they are associated is eliminated and/or they deregister.
4.3. In the case of any Service users aged under 14, or who are subject to parental authority or guardianship, their parents or legal tutors are responsible for filling in the record and expressly authorizing the processing of their personal data under the terms and for the purpose established here and, as appropriate, the exercise of ARCO rights with respect to this. In such cases, it will also be the responsibility of their parents or legal tutors to exercise due control and assistance in their use of the Service.
4.4. Payment for acquiring subscription to the Service is made using a payment gateway provided by a third party, which is responsible to the Subscriber only for processing any Subscriber data required for the purpose, in particular their bank details. VERASAT does not store bank data or other personal data provided by the Subscriber when making payments at any time. To find out the details of the processing of this personal data, you need to consult the information offered by the payment gateway service owner, which will be duly identified when connecting with this service.
4.5. The personal data provided by all Service Users must be accurate, truthful and up to date, and Users are exclusively responsible for keeping it up to date at all times. If they fail to do so, they will be responsible for any damages that may be caused. All Service users will also be responsible for the proper custody of their respective identifiers, passwords and any other data used for identification and/or access to the service, accepting any liability that may derive from their misuse, transfer, revelation or loss.
4.6. VERASAT pledges to implement the appropriate and sufficient technical and organizational safety measures considering the applicable legislation to ensure the security of the personal data referred to in the above paragraphs, guarantee its confidentiality and preventing improper manipulation of it.
5. Subscriber’s obligations.
5.1. The Subscriber expressly accepts the following obligations:
a) to use the Service fully complying with the terms and conditions established in this Licence.
b) to take the measures reasonably within its power to prevent any unauthorized use of the Service.
5.2. The Subscriber also pledges not to carry out any of the following actions, either itself or via third parties:
a) modifying, adapting, translating, dismantling, decompiling or in any other way manipulating the Service or any of the elements forming part of the Service itself or belonging to third parties;
b) copying or reproducing the Service or any of its elements, either forming part of the Service itself or belonging to third parties, unless it is instrumentally strictly necessary for its normal implementation in accordance the purpose and specifications of the Service;
c) assigning, licensing, hiring, leasing, loaning, transferring or exploiting the Service in any other way, as a whole or in part, either directly or via third parties, not even temporarily;
d) revealing, disseminating or communicating the implementation code for the Service or any of its elements, either forming part of the Service itself or belonging to third parties, in any other way, expressly recognising that these are subject to exclusive rights and are subject to due confidentiality.
6. Technical support.
6.1. VERASAT will provide the Subscriber with remote technical support relating to the use of the Service (via a telephone help line, fax, e-mail or similar medium). However, technical support will be provided only to Subscribers whose subscriptions are active when it is requested.
6.2. All consultations, queries or requests for information about this Licence or the Service subject to it must be addressed to the technical support department or the contact person indicated for the purpose on the Service website.
7. Exclusion from guarantees.
7.1. VERASAT guarantees the Subscriber that the Service matches the specifications and functions described in the documents included in it. However, this guarantee does not extend to cases in which the operation of the Service occurs with insubstantial variations from the descriptions in the documents.
7.2. Except for the guarantee indicated in the above paragraph and in its terms, VERASAT excludes any other express, implicit or legal guarantee with respect to the Service. The exclusion includes but is not limited to quality guarantees, the meeting of needs, suitability for a particular purpose, accuracy, uninterrupted operation without errors or defects and, in general, use and enjoyment, which are not guaranteed, without prejudice to VERASAT’s commitment to devote its best efforts, professionalism and diligence to improving the Service.
7.3. In addition, the Subscriber recognises and expressly accepts that VERASAT has no control over the conditions under which the Contact and the associated Users use the Service, so they use the Service at their exclusive risk and under their own responsibility, fully accepting any defect generated concerning quality, availability, scope, effectiveness and/or, in general, the provision of the Service itself deriving from the respective usage conditions.
7.4. To make any claim under the guarantee, Subscribers must contact VERASAT within a maximum period of FIFTEEN DAYS from when the defect in the Service subject to it is detected, detailing the reason for the claim and providing full information and/or documentation relating to it. In all cases, if VERASAT considers such a complaint to be founded, at most it must, at its full discretion, put right the corresponding service or to refund the cost of the subscription paid by the Subscriber.
8. Limitation of liability
8.1. VERASAT accepts no liability of any kind under any circumstances for any loss and/or damage that may occur concerning the use of the Service, even if there are defects affecting the use of the service or making it impossible to access it. This is expressly accepted by the Subscriber. This limitation on liability extends to any losses and/or damages whether concerning damage to property or personal injury causing loss of income or consequential damages and/or whether it concerns direct, indirect, special or incidental losses. The liability waiver includes but is not limited to punitive damages – particularly for injury, death, etc.; financial losses for the loss of profit, loss of data, interruption of business activity or any kind of commercial, economic or business losses or damages, and the losses and damages deriving from any claims presented by third parties, all regardless of the way the losses and damages have occurred and the cause on which the attribution of liability is supposedly based.
8.2. Under no circumstances will VERASAT be liable, and the Subscriber waives the right to any claims in this respect, for losses and damages suffered by the Subscriber and/or third parties for misuse or abuse of the Service or which are caused by faults and defects in equipment, devices, infrastructures, resources and/or any third-party services – particularly including but not limited to satellite failures, mobile operator or satellite communication services, geolocation and positioning services, servers, etc. – as well as damage deriving from the introduction of viruses, worms or any other kind of malware or IT element that may be damaging. It is the user’s responsibility to have available or to implement the appropriate tools for detection, protection and disinfection.
8.3. This exclusion from liability will apply in as far as permitted by the applicable legislation and, in any case, if the existence of liability against VERASAT is concluded, this will be limited in total and as a maximum to the price of the subscription paid by the Subscriber.
9. Other stipulations.
9.1. The terms and conditions of this Licence may only be amended if this is expressly accepted by VERASAT.
9.2. In the case of any discrepancies in the interpretation of the terms of this Licence in different languages, the version in Spanish shall take precedence over the others.
10. Jurisdiction and applicable law
10.1. Spanish courts and tribunals will have exclusive jurisdiction to recognise and resolve any dispute related to this Licence. Both parties accept being subject to them and expressly waive any other jurisdiction to which they may have a right.
10.2. This licence will be governed and interpreted in accordance with Spanish law.