Terms and Conditions of Use
* Latest update: February 2023
Carefully read these Terms and Conditions before:
1. Place an order, make a payment and/or use the «MAPIT» package consisting of the Application (whose licence is granted and which requires subscription) and the Device; or
2. Download and activate the Application.
These Terms and Conditions include important information regarding your rights, compensation and exceptions to our liability to you.
The use of the « MAPIT » package implies that you accept the current Terms and Conditions. If you do not accept them, we: I) Will not supply to you the Device; II) We will not grant you the licence of the Application; and III) You will not be able to use or have access to the Subscription.
You assume that by accepting these Terms and Conditions you are legally bound by them.
Please be aware that if you have only downloaded the Application and do not have an active Subscription nor a Device installed on your motorbike you will not be able to enjoy all the functionalities of MAPIT.
1.2 – The functionalities of the Application can only be used via the interaction of the Application itself with the separate telematic device (the “Device“), which will be installed by the motorbike manufacturer or by the workshop and will be connected to said motorbike. The Application and the Device will be collectively referred to as “MAPIT” or the “MAPIT Package”.
1.3 – Mapit IoT, S.L. has its registered office in c./ Casp 172 4B, 08013 Barcelona, and is registered in the Mercantile Registry of Barcelona, with tax identification code NIF B-66716291.
1.4 – We grant you the licence to use the Application under these Terms and Conditions and in accordance with the rules and policies applied either by Apple (App Store) or by Google (Google Play) or any other that in the future may be operational (“Application Store”) where the Application has been downloaded (“Application Store Regulations”). We do not sell you the Application.
1.6 – Requisitos de Compatibilidad: the Application requires a mobile telephone device with a minimum of 70 Mb of memory and that runs with an operating system not less than iOS 13 or Android 8.
1.7 – It will be assumed that you are the owner or have the authorisation of the owner of the mobile phone or the mobile devices that you use, but that they are from third parties (“Third Party Devices”) before downloading any copy of the Application on the aforementioned Third Party Devices. Both you and the owner may incur data costs from third parties (such as the Internet provider or the telephone operator, be they yours or theirs) in connection with the use of the Application via a mobile device or a Third Party Device. You will be solely responsible for all these costs. If you do not wish to incur such costs, refrain from using the mobile device or the Third Party Device to access the Application or to activate the Subscription.
1.8 – The Application may have links to other independent third party websites (Third Party Websites). These Third Party Websites are not under our control and we are not responsible for their content nor for their privacy policies (if any), nor do we approve them. Thus, you will make the decision regarding the interaction you carry out with any Third Party Website, including the purchase and use of any product or service available through them.
2. Changes to these Terms and Conditions
2.1 – These Terms and Conditions can be periodically modified, for example in order to adapt them to changes in the applicable regulations or to inform you of new products, services or applications that we may offer you, or for other reasons. Likewise we may modify these Terms and Conditions at any time notifying you of any changes the next time you open the Application. The new terms may be displayed on the screen and you will be required to read and accept them to continue using MAPIT.
2.2 – Via the Application you may access, through the attached link, the current version of the Terms and Conditions.
3. Ownership and functioning of the Application
3.1 – The Application is owned by, and administered by, Mapit IoT S.L., domiciled in calle Casp 172, 4B, 08013 Barcelona and with tax identification code NIF B-66716291.
3.2 – You acknowledge that all intellectual property rights relating to the Application, any documents provided with respect to it, the technology used or that supports the Application or any of its functionalities, belong to us and/or our licensors; you also recognise that the rights to the Application have been granted to you under licence (they have not been sold to you) and that you have no rights to the Application, the documents or its technology, apart from the right to use each one of its elements in accordance with these Terms and Conditions.
3.3 – You acknowledge that you do not have the right to access the Application in source code format.
4. The subscription
4.1 – The Device and the Application function together as a package to offer the functionalities of the Application that are listed in clause 0. In order to enjoy these functionalities and activate your MAPIT Package, you must:
4.1.1 – Download the Application in the Device through the appropriate App Store.
4.1.2 – Leer totalmente y aceptar expresamente los presentes Términos (en la Aplicación),
Hacer un pedido del Paquete MAPIT.
4.1.3 – Pay for the Package.
4.1.4. – Register the Device and connect it to your motorbike.
4.2. – To be able to access and use all the functionalities of MAPIT, you must have a compatible Device installed on your motorbike and the Application on your mobile device or on a Third Party Device (As appropriate) that is connected to your Device installed on your motorbike.
4.3 – The Application includes the following characteristics and functionalities:
(i) – Create a profilel: you can personalise your experience of the Application and gather the key details of your motorbike in one place, such as the model, year of manufacture, engine and frame number, etc.;
(ii) – Find your motorbike: you can locate your motorbike thanks to GPS;
(iii) – Share your location: you can share the location of your motorbike;
(iv) –Journey analysis: you can access data regarding your journeys and GPS location;
(v) – Movement alerts: an alert in the event that the Device indicates that your vehicle has detected movement.
(vi) – Service history: it allows you to record all the services carried out on your motorbike, as well as the different characteristics and functionalities derived from the Application updates.
4.4 – You can enjoy the use of MAPIT until the first anniversary (“Initial Period”), unless it has been terminated in advance in accordance with these Terms and Conditions or the Subscription is renewed as stated in clause 4.5.
4.5 – After the Initial Period, your Subscription will be renewed automatically for a period of one (1) year (“Additional Period”), unless you cancel it in accordance with the provisions in clause 9. From then on the Initial Period and the Additional Period (if any) will be considered jointly as the “Determined Period”.
4.6 – You agree to use MAPIT in accordance with these Terms and Conditions.
4.7 – It is possible that updates of the Application are published periodically via the relevant App Store, provided that the Application corresponds to the description of same that we provide before purchasing the MAPIT Package. Depending on the update, you may not be able to use the Application or enjoy the MAPIT Package until you have downloaded the latest version of the Application and have accepted the new terms and conditions.
5. The Device
5.1 – All images of the Device are for illustrative purposes only. Your Device may vary slightly from those images.
5.2 – All specified delivery costs of the Device will be those indicated to you at the physical point of sale or online in the order process. The installation of the Device on the motorbike is not included, although some points of sale may offer you that service at your own risk.
5.3. – If there is a delay in the supply of the Device for reasons outside of our control, we will contact you as soon as possible to advise you and, wherever possible, take adequate measures to minimize that delay. By acting in this way we will not be responsible for delays caused by such an event.
5.4 – You will be the owner of the Device once we have received full payment of the MAPIT Package and the service has been activated.
5.5 – It is possible that we will update or make changes to the Device (such as, for example, updates in the microprogramming or Device replacements) in order to:
5.5.1 – Reflect changes in the corresponding legislative and regulatory requirements.
5.5.2 – Implement improvements and minor technical adjustments, for example to tackle a security threat. These changes will not affect the use of MAPIT, which will be able to incorporate updates to add improvements and new functionalities.
6. Price and payment
6.1 – The price of the MAPIT Package will be that indicated at the point of sale during the order process, and will include the use of the Application during the Initial Period.
6.2 – The price for the use of the Application during the Additional Period for for each of the additional periods of one (1) year will be the price that you are informed of in advance of accessing it and accepting your subscription. Value Added Tax (VAT) will be applied according to the corresponding rate in accordance with current legislation. Given the periodic nature of the subscription to the Application, MAPIT will take your payment on the first day of each of the additional terms of one (1) year, by SEPA direct debit or on the card whose data you have entered or selected in the subscription process, as indicated in sections 6.4 y 6.5 below.
6.3 – MAPIT reserves the right to change at any time, without previous notification and unilaterally, the prices for the use of the Application, although such modifications will not be effective retrospectively. MAPIT will not be obliged to provide a service at an incorrect lower price (including after “Confirmation of Purchase”) if the error in the price is obvious, evident or unequivocal and constitutes a blatant error that could have been reasonably recognized by you.
6.4 – You can use as a method of payment the SEPA (Single Euro Payments Area) direct debit, in which case the payment will be charged to your bank account, subject to the mandate conditions applicable at that moment.
6.5 – MAPIT can at the same time offer its users the option to pay for the subscription of the Application by Visa card or Mastercard or any other available cards at that moment. You will simply have to enter the details of the card you wish to use in the «Payment Information» tab in the subscription process. Such details will not be stored by MAPIT but by the payment service provider (e.g. Stripe).
6.6 – Please note that you will be responsible for any charges imposed by your operator and Internet provider on your mobile device or Third Party Device and additional payments added to those you pay for the use of MAPIT.
7. Acceptable use and licence restrictions
7.1 – You agree:
7.1.1 – To not copy the Application, except when necessary for backup purposes or for operational security purposes.
7.1.2 – To not rent, lend, issue under secondary licence, lease, translate, combine, adapt, vary or modify the Application
7.1.3. – To not carry out modifications or alterations either to the whole or part of the Application or permit that the Application or part of same be combined with any other programme or incorporated into them
7.1.4 – To not disassemble, decompile, use reverse engineering nor create derivative products works based on all or part of the Application.
7.2 – You must not:
7.2.1 – Use the Application, or any of its functionalities, in an illegal manner, for any unlawful purpose, or that in any way is incompatible with these Terms and Conditions, or act fraudulently, or maliciously, for example by illegally accessing the Application, the Device or any of the operative systems or by inserting malicious codes, including viruses or harmful information.
7.2.2 – Infringe the intellectual property rights in your use of the Applications or any of its functionalities.
7.2.3 – Send content that could be defamatory, offensive or questionable in relation to your use of the Application or any of its functionalities.
7.2.4 – Use the Application or any of its functionalities in a manner that could harm, disable, reduce, overload, damage or compromise our systems or our security or interfere with other users.
7.2.5 – Compile or collect information or data from the MAPIT Package or from our systems or attempt to decipher transmissions destined for the servers that operate the MAPIT Package or those derived from them.
8. Limited Guarantee
8.1 – MAPIT will make every effort to ensure that the Device and the Application function correctly, avoiding errors or correcting them when they arise, and keeping the content of the Application properly updated. However, MAPIT cannot guarantee the availability and continuing accessibility of the Device and the Application, nor guarantee that their content is free from errors or that they are always kept up to date. You accept the above and undertake to take the utmost care and caution when accessing and using the Device and the Application and their contents, information and the services at your disposal.
8.2 – MAPIT reserves the right to change, remove or update the information contained within the Application, in its configuration or presentation, at any moment and without prior warning.
8.3 – You agree not to use the Device or the content available on the Application at any given time for the purposes of violating a rule or for that which could be considered unethical or contrary to the good customs or the image and professional reputation of MAPIT or its collaborators.
8.4 – MAPIT will not be responsible for the consequences that could arise from the misuse of such content or the negligence of users in relation to same.
8.5 – Users who access the Device and the MAPIT Application and who use any information or services that can be accessed through them, do so entirely at their own risk. Therefore, MAPIT will not be responsible for any damages that may arise, either directly or indirectly, as a result of access to or use of the Device or of any information contained in the Application.
8.6 – In addition, MAPIT will not be responsible for damage caused to the motorbike, software or the hardware of users that arise from access to or use of the Device or the Application, nor for the possible costs of installing or uninstalling the Device for any reason.
8.7 – In addition to the above, and to the extent permitted by law, MAPIT will under no circumstances be liable for personal, accidental or special damages, whether caused directly or indirectly. This includes any damage due to the loss of benefits, loss of employment or the failure to obtain employment, loss of data, business interruption or any other commercial loss or damage related with the use, or incapacity of use, of the MAPIT services, without limitation and regardless of the cause and the theoretical responsibility (be it contractual, non-contractual or of any other type), including if the user has been warned of such damages.
8.8 – You are aware, and voluntarily accept, that use of the Device and the Application is entirely your own responsibility and therefore you will be responsible for damages of any kind that MAPIT may suffer as a result of not complying with any of the obligations that are applied by virtue of these Terms and Conditions of Use or the applicable legislation related to the use of MAPIT services.
9. Cancellation and refund
Your cancellation rights:
9.1 – Consumers have the right to cancel, without justification, a contract for the supply of digital content that is not provided on a material medium (such as an application) when its use has not begun with knowledge on their part. Consumers are also entitled to a refund in such circumstances. The cancellation period is 14 days from the day you accept these Terms and Conditions (Cancellation Period). In order to proceed with such cancellation you must send an email to the address email@example.com, indicating your decision to cancel the contract. Exercising the right of cancellation will be subject to the compliance of the following conditions:
(i) – The consumer must return to MAPIT the Device in every case, no later than 14 days from the date that the decision to terminate the contract is communicated to us. The deadline will be considered to be met if the return is made before the said period has ended.
(ii) – Once the Device is received as indicated in the previous section, MAPIT will have a period of 15 working days to verify that the Device has not been used and, where appropriate, provide a refund. In the event that the Device shows any sign of use or manipulation by the user, no refund will be given.
(iii) – Refunds will be made to the card indicated by the user for this purpose. Once the refund is given, the subscription will be cancelled and the Device will be unlinked from the customer.
9.2 – Due to the nature of our services (subscription to the Application), you are informed of the loss of this right of withdrawal when access to the contents of the Device or the Application has begun with your express consent, to the extent that it is digital content accessible immediately for permanent use. In addition to the legal right of withdrawal indicated above, you may also cancel the subscription of the next period of service when you wish, from which point you will lose access to all the content of the Application and, as a consequence, to all the contents and services set out in clause 3 above.
9.3 – By accepting these Terms and Conditions, it will be considered that you expressly request that we make the Application available to you, as part of the MAPIT Package, such that you can download it immediately. In addition, you accept that (i) if use has begun, or (ii) if the Cancellation Period has expired, you will lose your right to cancel the contract between you and MAPIT for the supply of the Application and will not have the right to any refund.
9.4 – You may cancel the MAPIT Package after the activation of the Subscription but you will not have the right to a refund. Clearly, in the event that the Device is defective or does not comply with its description, or that the MAPIT Package does not conform to these Terms and Conditions, you will have the right to make a claim.
MAPIT Cancellation rights
9.6 – It is possible that we contact you in advance to advise that we will be interrupting the provision of the MAPIT service before the expiration of the Determined Period. If this occurs, we will inform you at least 30 days in advance that your Subscription will be interrupted. In this event, we will refund you the amounts that you have paid in advance, if any, for the entire period between the date of interruption of the Subscription and the expiration of the Determined Period during which you cannot enjoy MAPIT.
9.7 – We will only cancel your MAPIT Package at any time and without refund, with written notice, in the event that:
9.7.1 – At any moment you seriously or repeatedly violate these Terms and Conditions.
9.7.2 – You provide us with false information or hide information in relation to your use of MAPIT.
9.7.3 – You fail to comply with our rights and the rights of third parties in connection with the Application or the Device.
9.7.4 – You attempt to commit fraud or act in a dishonest manner with regard to our interests.
9.8 – In the event that the Application causes the malfunctioning of your motorbike or of the Device, or when we have reason to believe that the Application presents a security threat to you, we will uninstall the Application and contact you in order to make the appropriate corrections. This does not affect your legal rights.
Specific features in relation to the cancellation of MAPIT
9.9 – If we cancel your rights provided by virtue of these Terms and Conditions because you have seriously breached them, you must cease to use MAPIT and we will be able to prevent access to the Application. Please note that, in the event of a serious breach of these Terms and Conditions, MAPIT may permanently block your access to the Application and no longer offer you access to MAPIT.
9.10 – You will be responsible for communicating your request to unsubscribe from the MAPIT service, as well as any other aspect that may have an impact on the service itself (such as, for example, the sale of the motorbike, an accident or theft of said motorbike). MAPIT will not undertake to pay any refund in relation to those users who have not reported an incident within 48 hours of its occurrence.
9.11 – In the event that you sell your motorbike, in order to protect the privacy of the purchaser you must disconnect the Device from said motorbike before doing so.
10. Your obligations
10.1 – You are responsible for the correct use of your motorbike and for carrying out all necessary steps to be able to access the Application, including the Internet connection and access to any Third Party Devices.
10.2 – You are responsible for disconnecting the Device at the end of your Subscription or in the event that you sell your motorbike.
11.2 – By using MAPIT you give your consent to such treatment of personal data and you confirm that all data you provide is correct and accurate.
12. Events beyond our control
12.1 – Neither we nor any or our providers or collaborators in the offering of the MAPIT service will be responsible for any failure or delay in complying with any of the obligations by virtue of these Terms and Conditions when caused by acts or events beyond our reasonable control, such as for example:
12.1.1 – Failure of the public or private telecommunications networks
12.1.2 – Lack of a GPS signal, Internet connection, failure of the telecommunications networks or as a result of a serious impact that destroys all or part of the Device or any connected system (such as your phone) to the extent that it stops functioning, impeding the transmission or receiving of information to or by the corresponding operator of the impact alert.
12.1.3 – Failure of the Application in the provision of the functionalities indicated in Clause 0 (including, in particular, with providing you with an accurate analysis of the journey) due to: lack of GPS signal, lack of Internet connection, adverse weather conditions or as a result of a serious impact that destroys all or part of the Device or any interconnected system (such as your phone) to the extent that it stops functioning, does not permit the transmission or receiving of information, or a failure in the communications networks or other similar events (“Event Beyond Our Control”).
12.2 – If an Event Beyond Our Control occurs that affects us complying with our obligations by virtue of these Terms and Conditions:
12.2.1 – Our obligations arising from these Terms and Conditions will be suspended and the period of compliance of same will be postponed for the duration of the Event Beyond Our Control.
12.2.2 – We will do everything possible to find a solution that enables us to comply with the obligations arising from these Terms and Conditions in spite of the Event Beyond Our Control.
13. Communications and claims
13.1 – If you wish to contact us or make a claim, you may do so with MAPIT, whose contact details appear in our website mapit.me.
13.2 – We will make every effort to respond to your enquiry as quickly as possible.
14. General provisions
14.1 – We may transfer the rights and obligations arising from these Terms and Conditions to another entity, without affecting your rights or our obligations arising from the aforementioned Terms and Conditions. In this event the aforementioned transfer will be duly notified to you.
14.2 – You may only transfer the rights and obligations arising from these Terms and Conditions upon written acceptance by MAPIT.
14.3 – These Terms and Conditions form an agreement between you and MAPIT. No other person may exercise any right arising from these Terms and Conditions.
14.4 – Each paragraph of these Terms and Conditions is independent from the others. In the event that a tribunal or competent authority states that any one of them is illegal or unenforceable, the remaining paragraphs will remain fully valid and effective.
14.5 – If we do not claim or demand the fulfillment of any of your obligations arising from these Terms and Conditions or, if we do not assert our rights or delay the exercising of them, this does not mean that we have waived our rights against you nor will it imply that you do not have to comply with those obligations. If we exempt you from any breach, we will only do so in writing and this will not imply that we will exempt you from any subsequent breach.
14.6 – These Terms and Conditions and the relation between you and MAPIT will be governed by Spanish law and you may submit any dispute or conflict in relation to these Terms and Conditions to the competent Spanish courts, in accordance with the applicable procedural regulations.
14.7 – In any event you have the right to present a claim before the relevant consumer protection organisation, as long as MAPIT formally accepts the process of alternative dispute resolution (“ADR”). ADR is a process in which an independent organisation considers the facts of a dispute and attempts to resolve them without the need for you to attend a tribunal. If you remain unsatisfied with how we have handled your complaint or claim, you may wish to consider contacting an ADR provider.