Terms and Conditions

* Last update: February 2023

Important Notice

Please read these terms and conditions carefully before using:

Order, pay for and/or use the “MAPIT” package consisting of the application (which is licensed to you and requires a subscription) and the Device; or

2. Download and activate the application.

These terms and conditions include important information regarding your rights, remedies and exceptions to our liability to you.

By using the “MAPIT” package, you agree to these terms and conditions. If you do not accept them, we will: I) Not provide you with the device; II) Not license the application to you; and III) You will not be able to use or access the subscription.
You agree that by accepting these terms and conditions you are legally bound by them.

Please note that if you have only downloaded the application and do not have an active subscription and the device installed on your motorcycle, you will not enjoy the full functionality of MAPIT.

1. ASSUMPTIONS

1.1 – These Terms and Conditions, together with the privacy policy (“Privacy Policy“), constitute a contract between You and Mapit IoT, S.L. (“MAPIT“, “we”, “us“, “us” or “our”) for the grant of a license to use a telematics cell phone application (the “Application“) whose functionalities are made available to You through a subscription (the “Subscription“).

1.2 – The functionalities of the Application can only be used through the interaction of the Application itself with the separate telematics device (the “Device“), which shall be installed by the motorcycle manufacturer or the workshop, and which shall be connected to such motorcycle. The Application and the Device shall together be referred to as the “MAPIT” or the “MAPIT Package“.

1.3 – Mapit IoT, S.L. has its registered office at c./ Casp 172 4B, 08013 Barcelona, is registered in the Mercantile Registry of Barcelona, with NIF B-66716291.

1.4 – We grant you the license to use the Application under these Terms and Conditions and in accordance with the rules or policies applied by either Apple (App Store) or Google (Google Play) or any other that may become operative in the future (“App Store“) where the Application has been downloaded (“App Store Rules“). We do not sell the Application to you.

1.5 – The Privacy Policy is incorporated into these Terms and Conditions by reference and your use of MAPIT shall be subject to such Privacy Policy. Our Privacy Policy discloses how we and any designated third parties will treat personal data that we collect from you or that you provide to us, through the Application or the Device.

1.6 – Compatibility Requirements: the Application requires a cell phone device with a minimum of 70 Mb of memory and running an operating system no less than iOS 13 or Android 8.

1.7 – You will be assumed to be the owner or to have permission for use by the owner of the cell phone or mobile devices that You use, but which are owned by third parties (“Third Party Devices”) before downloading a copy of the Application to such Third Party Devices. Both You and the owner may incur data charges from third parties (such as your or his/her Internet provider or carrier) in connection with the use of the Application through your mobile device or a Third Party Device. You shall be solely responsible for all such charges. If you do not wish to incur such charges, please refrain from using your mobile device or Third Party Device to access the Application or to activate the Subscription.

1.8 – The Application may contain links to other independent third party websites(Third Party Websites). The Third Party Websites are not under our control and we are not responsible for their content or privacy policies (if any), nor do we endorse them. Thus, it is up to you to make your own choices regarding your interaction with any Third Party Websites, including the purchase and use of any products or services accessible through them.

2. MODIFICATIONS TO THESE TERMS AND CONDITIONS

2.1 – These Terms and Conditions may be amended from time to time, for example, to conform to changes in applicable law or to inform you of new products, services or applications that we may offer you, or for other reasons. We may also modify these Terms and Conditions at any time by notifying you of any changes the next time you launch the Application. The new terms may be displayed on the screen and you will be required to read and accept them in order to continue using MAPIT.

2.2 – Through the Application you can access, via the corresponding link, the current version of these Terms and Conditions.

OWNERSHIP AND OPERATION OF THE APPLICATION

3.1 – The Application is owned and managed by Mapit IoT S.L., domiciled at calle Casp 172, 4B, 08013 Barcelona and with NIF B-66716291.

3.2 – You acknowledge that all intellectual property rights relating to the Application, any documents provided in respect of the Application, the technology used or supporting the Application or any of its functionality, belong to us and/or our licensors; you further acknowledge that the rights to the Application have been licensed (not sold) to you and that you have no rights in the Application, the documents or the technology therein, other than the right to use each of its elements in accordance with these Terms and Conditions.

3.3 – You acknowledge that you are not entitled to access the Application in source code format.

4. SUBSCRIPTION

4.1 – The Device and the Application work together as a package to provide the Application functionalities listed in clause 0. In order to enjoy these functionalities and activate your MAPIT Package, you will need to:

4.1.1 – Download the Application to the Device from the relevant App Store.

4.1.2 – Read in full and expressly accept these Terms (in the Application),

Place an order for the MAPIT Package.

4.1.3 – Paying for the Package.

4.1.4. – Registrar el Dispositivo y conectarlo a su motocicleta.

4.2. – Para poder acceder y utilizar todas las funcionalidades de MAPIT, Usted deberá disponer de un Dispositivo compatible instalado en su motocicleta y la Aplicación en su dispositivo móvil o en un Dispositivo de Terceros (según corresponda) que esté conectado a su Dispositivo instalado en su motocicleta.

4.3 – The Application includes the following features and functionalities:

(i) – Create a profile: you will be able to customize your experience of the Application and gather in one place the key data of your motorcycle, such as model, year of manufacture, engine and VIN, etc..;
(ii) – Find your motorcycle: you will be able to locate your motorcycle thanks to GPS;
(iii) – Share your location: you will be able to share the location of your motorcycle;
(iv) –Trip analysis: you will be able to access data regarding your trips and GPS location;
(v) – Motion alert: an alert in case the Device indicates that your vehicle has been moved.
(vi) – Historical of revisions: allows you to record all the maintenance performeds on the motorcycleas well as the different characteristics and functionalities derived from the updates of the application updates.

4.4 – You may enjoy the use of MAPIT until the first anniversary (“Initial Term”), unless the Initial Term is terminated early in accordance with these Terms and Conditions or the Subscription is renewed in accordance with clause 4.5.

4.5 – After the Initial Term, your Subscription will automatically renew for additional terms of one (1) year (“Additional Term”).Additional TermThe Initial Term and the Additional Term (if any) shall be deemed together as the “Additional Term”), unless it is cancelled in accordance with the provisions of Clause 9. Hereinafter, the Initial Term and the Additional Term (if any) shall be deemed together as the ” Determined Duration“.

4.6 – You agree to use MAPIT in accordance with these Terms and Conditions.

4.7 – Updates to the Application may be released periodically through the relevant App Store, provided that the Application corresponds to the description of the Application provided to You before You purchased 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 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 such images.

5.2 – Any specific cost of delivery of the Device will be as indicated to you at your physical or online point of sale in the ordering process. Installation of the Device on the motorcycle or other vehicle is not included, although some point of sale may offer you that service at their own risk.

5.3. – Si el suministro del Dispositivo se ve demorado por un acontecimiento ajeno a nuestro control, contactaremos con Usted a la mayor brevedad para informarle y, de ser posible, adoptaremos las medidas adecuadas para minimizar el efecto de dicha demora. Siempre y cuando se actúe de esta manera, no seremos responsables por demoras causadas por dicho acontecimiento.

5.4 – You will become the owner of the Device once we have received full payment for your MAPIT Package and you have registered for the service.

5.5 – We may update or make changes to the Device (such as, for example, microprogram updates or Device replacements) in order to:

5.5.1 – Reflect changes in relevant legislative and regulatory requirements.

5.5.2 – Implement minor technical improvements and adjustments, for example to address a security threat. These changes will not affect the use of MAPIT, which may incorporate updates to add enhancements and new functionalities.

6. PRICE AND PAYMENT

6.1 – The price for the MAPIT Package will be the one indicated by your point of sale during the order process, and will include the use of the Application during the Initial Term.

6.2 – The price for the use of the Application during the Additional Term for each of the additional one (1) year terms will be as we inform you prior to the time you access and accept your subscription. Value Added Tax (VAT) will be charged at the rate applicable under applicable law. Given the periodic nature of the subscription to the Application, MAPIT will charge your payment on the first day of each of the additional one (1) year terms, by SEPA direct debit or to the card whose details you have entered or selected in the subscription process, as indicated in sections 6.4 and 6.5 below.

6.3 – MAPIT reserves the right to change at any time, without prior notice and unilaterally, the prices for the use of the Application, although such modification shall not have retroactive effect. MAPIT shall not be obliged to supply the service at the incorrect lower price (even after the “Purchase Confirmation”) if the pricing error is obvious, evident or unequivocal or constitutes an obstructive error and could have been reasonably recognized by You.

6.4 – You may use SEPA (Single Euro Payments Area) direct debit as a method of payment, in which case the amount of the payment will be debited from your bank account, in accordance with the terms of the mandate applicable at any given time.

6.5 – MAPIT may also offer users the possibility to pay for the subscription of the Application by Visa or MasterCard or any other cards available from time to time. You simply enter the card details of the card to be used in the “Payment Information” tab of the subscription process. Such data 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 from your carrier and network provider for your mobile device or Third Party Device, payment in addition to the amounts You pay for the use of MAPIT.

7. ACCEPTABLE USE AND LICENSE RESTRICTIONS

7.1 – You agree:

7.1.1 – Do not copy the Application, except when necessary for backup or operational security purposes.

7.1.2 – Do not rent, lend, sub-license, lease, translate, combine, adapt, vary or modify the Application.

7.1.3. – No realizar modificaciones ni alteraciones a la totalidad o parte de la Aplicación ni permitir que esta o cualquier parte de la misma se combine con cualesquiera otros programas o se incorpore en estos.

7.1.4 – Do not disassemble, decompile, reverse engineer or create derivative works based on all or part of the Application.

7.2 – You shall not:

7.2.1 – Use the Application, or any of its functionalities, in an unlawful manner, for any unlawful purpose, or in any way that is inconsistent with these Terms and Conditions, or act in a fraudulent or malicious manner, for example, by unlawfully accessing the Application, the Device or other operating systems or by inserting malicious code, including viruses or harmful information.

7.2.2 – Infringe intellectual property rights when using the Application or any of its functionalities.

7.2.3 – Submit content that is defamatory, offensive or objectionable in connection with Your use of the Application or any of its features.

7.2.4 – Use the Application or any of its features in a manner that could damage, disable, impair, overburden, overload, impair or compromise our systems or our security or interfere with other users.

7.2.5 – Collect or harvest information or data from the MAPIT Package or our systems or attempt to decrypt transmissions destined for or derived from the servers operating the MAPIT Package.

8. LIMITED WARRANTY

8.1 – MAPIT uses its best efforts to make the Device and the Application work properly, avoiding errors or repairing them where appropriate and keeping the contents of the Application duly updated. However, MAPIT cannot guarantee the availability and continuity of access to the Device and the Application, nor does it guarantee that their contents are free of errors or that they will always be kept up to date. You agree to the foregoing and undertake to exercise the utmost care and caution when accessing and making use of the Device and the Application or the contents, information and services made available.

8.2 – MAPIT reserves the right to change, delete or update the information contained in the Application, in its configuration or presentation, at any time and without prior notice.

8.3 – You agree not to use the Device or the content available on the Application at any given time for a purpose that may violate a regulation or that may be considered unethical or contrary to good customs or to the image and professional reputation of MAPIT or its collaborators.

8.4 – MAPIT shall not be liable for any consequences that may arise from the improper use of such content or from the negligence of users in relation to such content.

8.5 – Users who access MAPIT’s Device and Application and who use any information or services accessible through them do so exclusively at their own risk. Therefore, MAPIT shall not be liable for any damages that may arise, either directly or indirectly, as a result of accessing or using the Device or the information contained in the Application.

8.6 – In addition, MAPIT shall not be liable for any damage caused to the motorcycle, software or hardware of the users resulting from the access or use of the Device or the Application, nor for the possible costs of installing or uninstalling the device for any cause whatsoever.

8.7 – In addition to the foregoing, and to the extent permitted by law, under no circumstances shall MAPIT be liable for personal, incidental or special damages, whether caused directly or indirectly. This includes any damages due to loss of profits, loss of employment or failure to obtain employment, loss of data, business interruption or any other commercial damage or loss related to the use, or inability to use, MAPIT services, without limitation and regardless of the cause and theoretical liability (whether contractual, non-contractual or otherwise), even if the user has been advised of the possibility of such damages.

8.8 – You are aware, and voluntarily agree, that you use the Device and the Application solely at your own risk, and you shall be liable for any damages of any kind that MAPIT may suffer as a result of your failure to comply with any of your obligations under these Terms and Conditions of Use, the Privacy Policy or applicable law in connection with your use of MAPIT’s 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 their knowledge. 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 atencioncliente@mapit.me, indicating your decision to cancel the contract. The exercise of the right of cancellation will be conditioned to the fulfillment of the following particulars:

(i) – The consumer shall return to MAPIT the Device in any event not later than 14 calendar days from the date on which you communicate us your decision to withdraw from the contract. The deadline shall be deemed to have been met if you return the goods before the end of this period. .
(ii) – – Once the Device has been received as indicated in the previous paragraph, MAPIT will have a period of 15 working days to validate that the Device has not been used and, if applicable, to make the refund. In the event that the Device shows any signs of use or manipulation by the user, no refund will be made.
(iii) – Refunds will be made to the card indicated by the user for this purpose. Once the refund has been made, the subscription will be cancelled and the customer’s Device will be unlinked.

9.2 – By the very 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, insofar as it concerns digital content accessible immediately for permanent use.In addition to the legal right of withdrawal indicated above, You may also cancel the subscription for the next service period whenever You wish, at which time You will lose access to all content on the Application and, consequently, to all content and services set out in clause 3 above.

9.3 – By agreeing to these Terms and Conditions, You are deemed to expressly request that We make the Application available to You, as part of the MAPIT Package, so that You can download it right away. You further agree that (i) if you have commenced use, or ( ii) if the Cancellation Period has elapsed, you will have forfeited your right to cancel the contract between you and MAPIT for the supply of the Application and will not be entitled to any refund.

9.4 – You may cancel your MAPIT Package after activation of the Subscription, but you are not entitled to a refund. Of course, in the event that the Device is defective or not as described, or the MAPIT Package does not conform to these Terms and Conditions, you are entitled to claim.

9.5 – In the event that a Device has been installed on your motorcycle and you wish to cancel your Subscription before the end of the Determined Duration, you must disconnect the Device, otherwise certain of your personal data may continue to be received by MAPIT and third party companies, as indicated in the Privacy Policy, for as long as the Device remains connected to your motorcycle. It is your responsibility to ensure that the Device is disconnected at the time you cancel your Subscription, regardless of the reason for cancellation. You agree that the Device will not provide any functionality once your Subscription is terminated. After 6 months following cancellation, in order to protect the privacy of users, the Device may be irreversibly permanently deactivated, in accordance with the personal data protection regulations in force from time to time.

MAPIT’S CANCELLATION RIGHTS

9.6 – It may happen that we contact you to inform you that we are going to discontinue the provision of MAPIT prior to the expiration of the Fixed Term. If this happens, we will inform you at least 30 days before we interrupt your Subscription. In this event, we will reimburse you for any amounts you have paid in advance, if any, for the entire period between the date of interruption of the Subscription and the expiration of the Specified Term during which you cannot take advantage of MAPIT.

9.7 – We may only cancel your MAPIT Package at any time, without refund, upon written notice, in the event that:

9.7.1 – At any time, You seriously or repeatedly breach these Terms and Conditions.

9.7.2 – You provide us with false information or conceal important information from us in connection with your use of MAPIT.

9.7.3 – You breach our rights or the rights of third parties in the Application or the Device.

9.7.4 – You attempt to commit fraud or act dishonestly with respect to our interests.

9.8 – In the event that the Application causes your motorcycle or Device to malfunction, or where we have reason to believe that the Application presents a security threat to you, we may uninstall the Application and we will contact you for correction. This does not affect your statutory rights.

PARTICULARITIES IN RELATION TO THE CANCELLATION OF MAPIT

9.9 – If we terminate your rights under these Terms and Conditions because you have materially breached these Terms and Conditions, you must cease your use of MAPIT and we may terminate your 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 cease to provide you with access to MAPIT.

9.10 – You will be responsible for communicating your request for cancellation of 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 your motorcycle, an accident or theft of the motorcycle). theft). MAPIT no asumirá ningún reembolso en relación con aquellos usuarios que no hayan comunicado una incidencia en un plazo de 48 horas desde su acaecimiento.

9.11 – In the event that You sell Your motorcycle, in order to protect the buyer’s privacy, you must disconnect the Device from your motorcycle before selling it..

10. YOUR RESPONSIBILITIES

10.1 – You are responsible for the proper use of your motorcycle and for making all necessary arrangements to access the Application, including Internet connection and access to any Third Party Devices.

10.2 – You are responsible for disconnecting the Device at the end of the Subscription or in the event that you sell your motorcycle.

11. PRIVACY

11.1 – For more information about the personal data we may collect through MAPIT, how we may treat this information, with whom we may share it, as well as your rights in relation to such data, you can consult our Privacy Policy.

11.2 – By using MAPIT, you consent to such processing of personal data and confirm that all data you provide is correct and accurate.

12. EVENTS BEYOND OUR CONTROL

12.1 – Neither we nor any of our suppliers or partners in the provision of the MAPIT service shall be liable for any failure or delay in the performance of any of the obligations under these Terms and Conditions when caused by acts or events beyond our reasonable control, such as, for example:

12.1.1 – Failure in public or private telecommunication networks

12.1.2 – Lack of GPS signal, Internet connection, failure of telecommunication networks or as a result of a serious collision that destroys all or part of the Device or any interconnected system (such as your phone) to the extent that it ceases to function, preventing the transmission or receipt of information to/from the relevant impact alert operator.

12.1.3 – Failure of the Application to provide the functionalities indicated in clause 0 (including, in particular in providing you with an accurate trip analysis) due to: lack of GPS signal, lack of Internet connection, adverse weather conditions or as a result of a serious collision that destroys all or part of the Device or any interconnected system (such as your phone) to the extent that it stops working, not allowing the transmission or reception of information, or the failure of telecommunications networks or other similar events (“Event Outside Our Control“).

12.2 – If an Event Outside Our Control occurs that affects the performance of Our obligations under these Terms and Conditions:

12.2.1 – Our obligations under these Terms and Conditions shall be suspended and the time for performance shall be extended for the duration of the Event Outside Our Control.

12.2.2 – We will use our best efforts to seek a solution that will enable the obligations under these Terms and Conditions to be fulfilled despite the Event Outside Our Control.

13. COMMUNICATIONS AND COMPLAINTS

13.1 – If you wish to contact us or make a complaint, you may contact MAPIT, whose contact details are on our website mapit.me.

13.2 – We will do our best to answer your query as soon as possible.

14. GENERAL PROVISIONS

14.1 – We may transfer our rights and obligations under these Terms and Conditions to another entity without affecting your rights or our obligations under these Terms and Conditions. In this case, you will be duly notified of such transfer.

14.2 – You may only transfer any rights or obligations arising from these Terms and Conditions with MAPIT’s prior written acceptance.

14.3 – These Terms and Conditions are agreed between You and MAPIT. No other person may enforce any rights under these Terms and Conditions.

14.4 – Each of the paragraphs of these Terms and Conditions is independent of the rest. In the event that a court or competent authority declares any of them to be unlawful or unenforceable, the remaining paragraphs shall remain in full force and effect.

14.5 – If we do not claim or require you to perform any of your obligations under these Terms and Conditions or if we do not enforce our rights or are late in enforcing them, this does not mean that we have waived our rights against you or imply that you do not have to comply with those obligations. If we do waive any default, we will do so only in writing, and it will not imply that we will automatically waive any subsequent default.

14.6 – These Terms and Conditions and the relationship between you and MAPIT shall be governed by Spanish law and you may submit any dispute or controversy in connection with these Terms and Conditions to the competent Spanish courts, in accordance with the applicable procedural rules.

14.7 – In any case, You have the right to file a complaint with the relevant consumer protection organization, provided that MAPIT formally accepts such a system of alternative dispute resolution (“ADR“). ADR is a system in which an independent body assesses the facts of a dispute and attempts to resolve it without you having to go to court. If you are not satisfied with how we have handled your complaint or claim, you may wish to contact an ADR provider.