General provisionsPrice and paymentTerms and conditions of use

*Last updated: July 2022

 

Important notice

Please read these terms and conditions carefully before you:

1. Place an order, pay and/or use the “MAPIT” package consisting of the application (whose licence is granted and requires subscription) and the Device;

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 these terms and conditions. If you do not accept them, (1) We will not supply you with the device; (2) We will not licence you for the application; (3) You will not be able to use or access the subscription.

You assume 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 or the device installed on your motorcycle, you will not enjoy all the features of MAPIT.

 

1. Assumptions

1.1 – These Terms and Conditions, together with the privacy policy (“Privacy Policy”), entail a contract between you and Mapit IoT, S.L. (“MAPIT”, “we”, “us” or “our”) for the granting of a licence to use a mobile phone application of a telematic nature (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 a separate telematic device (the “Device”), which will be installed by the motorcycle manufacturer or by the workshop, and which will be connected to that motorcycle. The Application and the Device will collectively be called “MAPIT” or MAPIT Package”.

1.3 – Mapit IoT, S.L. has its registered office at Carrer de Casp 172, 4B, 08013 Barcelona and is registered in the Commercial Registry of Barcelona, with 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 protocols applied either by Apple (App Store) or by Google (Google Play) or any other that may be operational in the future (“App Store”) where the Application has been

downloaded (“App Store Standards”). We do not sell you the Application.

1.5 – The Privacy Policy is incorporated into these Terms and Conditions by reference, and the use of MAPIT will be subject to the aforementioned Privacy Policy. Our Privacy Policy informs about how we and any designated third party will treat the 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 mobile phone device with a minimum of 70Mb of memory and running on a system not lower than iOS 7.0 or Android 4.0.3.

1.7 – By using the Application (or when activating the Subscription) you recognise that you are of legal age (18 years or older).

1.8 – It will be assumed that you are the owner or have the authorisation of use by the owner of the mobile phone or mobile devices that you use, but that they are owned by third parties (“Third Party Devices”) before downloading a 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, either yours, or the owner’s (if different)) in connection with the use of the Application through your mobile device or a Third Party Device. You will be solely respsonsible for all these expenses. If you do not want to incur such expenses, you must refrain from using your mobile device or the Third Party Device to access the Application or to activate the Subscription.

1.9 – The Application may have links to other websites of independent third parties (Third Party Websites). Third Party Websites are not under our control and we are not responsible for their content or their privacy policies (if any), nor do we approve them. Therefore, you will have to decide regarding the interation you carry out with any Third Party Website, including the purchase and use of any product or service accessible through them.

 

2. Modifications to these terms and conditions

2.1 – These Terms and Conditions may be modified periodically, for example in order to adapt them to changes to the applicable regulations 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 open the Application. The new terms will 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 will be able to access, through the corresponding link, the current versions of these Terms and Conditions

 

3. Ownership and operation of the application

3.1 – The Application is owned and managed by Mapit IoT S.L., Carrer de Casp 172, 4B, 08013 Barcelona.

NIF B-66716291.

3.2 – You acknowledge that all intellectual property rights related to the Application, any documents provided in respect of it, the technology used or that supports the Application or any of its functionalities, belong to us and/or our licensors; you further recognise that the rights to the Application have been granted under licence (have not been sold) and that you do possess any rights in connection with the Application, its documentation or its technology, apart from the right of use of each element of same in accordance with the current Terms and Conditions.

3.3 – You recognise 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 work together as a package to offer the functionalities of the Application listed in Clause 0. In order to enjoy these functionalities and activate your MAPIT Package, you are required to:

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

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

Place an order for the MAPIT Package.

4.1.3 – Pay for the Package.

4.1.4 – Register the Device and connect it to your motorcycle

4.2 – In order to access and use all the functionalities of MAPIT, you must have a compatible Device installed on your motorcycle and the Application installed on your mobile device or on a Third Party Device (as appropriate) that is connected to your Device installed on your motorcycle.

4.3 – The application includes the following features and functionalities:

(i) – Create a profile: you can customise your Application experience and gather the key data of your motorcycle in one place, such as the model, year of manufacture, engine and chassis number, etc.;

(ii) – Find your motorcycle: you can locate your motorcycle thanks to GPS;

(iii) – Share your location: you can share the location of your motorcycle;

(iv) – Travel analysis: you will be able to access data regarding your journeys and GPS location;

(v) – Motion alert: an alert in the event that the Device detects movement.

4.4 – You are able to enjoy the use of MAPIT until the first anniversary (“Initial Duration”), unless it has been terminated in advance in accordance with these Terms and Conditions or the Subscription is

renewed in accordance with Clause 4.5.

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

 

5. The device

5.1 – Every image of the Device is for illustration purposes only. Your Device may vary slightly when compared with such images.

5.2 – Any specific cost of delivery of the Device will be indicated at your physical or online point of sale in the order process. The cost of installation of the Device on the motorcycle or other vehicle is not included, although a point of sale may offer you that service at your own risk.

5.3 – The estimated date of finalisation of the supply will be the one indicated at the point of sale during the process of your order.

5.4 – If the supply of the Device is delayed by events beyond our control, we will contact you as soon as possible to inform you and, if possible, take the appropriate measures to minimise the effect of such delay. As long as this is done, we will not be responsible for delays caused by such an event.

5.5 – You will be the owner of the Device when we have received the full payment of your MAPIT Package and have registered with the service.

5.6 – We may update or make changes to the Device (such as microprogram updates or device replacements) in order to:

5.6.1 – Reflect changes in the corresponding legislative and regulatory requirements,

5.6.2 – Implement minor technical improvements and adjustments, for example to address a security threat. These changes will not affect the utilisation of MAPIT.

 

6. Price and payment

6.1 – The price of the MAPIT Package will be as indicated at the point of sale during the order process and will include the use of the Application during the Initial Duration.

6.2 – The price for the use of the Application during the Additional Duration for each of the additional periods of one (1) year will be the one that we inform you of prior to the moment you access it and accept your subscription. Value Added Tax (VAT) will be applied at the corresponding rate in accordance with current legislation. Given the periodic nature of the subscription to the Application, MAPIT will charge the payment on the first day of each of the additional instalments of one (1) year, by SEPA direct debit or to the card whose data 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 modifications will not be retroactive. MAPIT will not be obliged to provide the service at the incorrect lower price (even after the “Confirmation of Purchase”) if the price error is obvious or unequivocal or constitutes an obstructive error and could have reasonably been recognised by you.

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

6.5 – MAPIT may also offer users the possibility of paying for the subscription of the Application using Visa or MasterCard cards or any other cards available at any time. You will simply have to enter the card details you are going to use 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 operator and network provider of your mobile device or Third Party Device in addition to the amounts you pay for the use of MAPIT

7. Acceptable use and licence restrictions

7.1 – You accept:

7.1.1 – You will not copy the Application, except when necessary for back-up or operational security purposes;

7.1.2 – You will not rent, lend, issue under secondary licence, lease, translate, combine, adapt, vary or modify the application;

7.1.3 – You will not make modifications or alterations to all or part of the Application or allow it or any part of it to be combined or incorporated into any other programmes;

7.1.4 – You will not disassemble, decompile, reverse engineer or create derivitive 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, illegally, for any illicit purpose, or that, in any way, is incompatible with these Terms and Conditions, nor act fraudulently or maliciously, for example by illicitly accessing the Application, the Device or other operating systems or by inserting malicious codes, including viruses or harmful information;

7.2.2 – Infringe intellectual property rights in your use of the Application or any of its functionalities;

7.2.3 – Send content that is 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 way that may harm, disable, impair, overload, damage or compromise our systems or our security or interfere with other users;

7.2.5 – Collect, gather or compile information or data from the MAPIT Package or our systems or try to decrypt transmissions destined for the servers that operate the MAPIT Package or are derived from them.

 

8. Limited warranty

8.1 – MAPIT utilises all the necessary efforts to ensure that the Device and the Application work properly, avoiding errors or repairing them when appropriate and keeping the content of the Application properly updated. However, MAPIT cannot guarantee the availability and continuity of access to the Device and the Application, nor does it guarantee that its contents are error-free or always kept up to date. You agree to the above and agree to take utmost care and caution when accessing and using the Device and the Application or its contents, information and services that are made available.

 

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 the Terms and Conditions (“Cancellation Period”). In order to proceed with the cancellation you must send an email to the address atencioncliente@mapit.me, indicating your decision to cancel the contract. The exercising of the right to cancel will be subject to the fulfilment of the following conditions:

(i) – The consumer must return the Device to MAPIT within a maximum period of 48 working hours, starting from the moment specified by customer services;

(ii) – MAPIT will not be responsible for the return costs, which will be borne by the user.

(iii) – Upon receipt of the Device as indicated in the previous section, MAPIT will have a period of 15 working days to validate that the Device has not been used and, where appropriate, process the refund. In the event that the Device shows any sign of use or manipulation by the user, no refund will be made;

(iv) – Refunds will be made to the card indicated by the user for this purpose. Once the refund is made, the subscription will be cancelled and the Device will be unlinked from the customer.

9.2 – Due to the nature of the services (subscription to the Application), you will be 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 that is immediately accessible for permanent use. In addition to the legal right of withdrawal above, you may also cancel the subscription to the next service period at any time, at which point you will lose access to all content of the Application and consequently to the contents and services established in Clause 3 above.

9.3 – You can cancel your MAPIT Package after the activation of the Subscription but you will not be entitled to a refund. However, in the event that the Device is defective or not as described, or if the MAPIT Package does not comply with these Terms and Conditiond, you will have the right to claim.

9.4 – 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 personal data could continue to be received by MAPIT and third parties 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 of cancelling the Subscription, regardless of the reason for doing so. You agree that the Device does not offer any functionability after your Subscription is finalised. In order to protect the privacy of users the device may move to an irreversible permanent deactivation 3 months after cancellation.

MAPIT’s cancellation rights:

9.5 – It is possible that we will contact you to inform you of the need to interrupt the provision of MAPIT before the expiration of the Determined Duration. In this event we will inform you at least 30 days before we interrupt your Subscription. In this case we will refund all amounts you have paid in advance, if any, for the entire period between the date of interruption of the Subscription and the expiration date of the Determined Duration during which you are unable to enjoy MAPIT.

9.6 – In the event that the Application causes the malfunction of your motorcycle or Device, or when we have reason to believe that the Application presents a security threat to you, we may uninstall the Application and contact you with regard to the corresponding correction. This does not affect your legal rights.

Specific features regarding the cancellation of MAPIT

9.7 – If we cancel your rights under these Terms and Conditions due to you seriously violating them, you must cease your use of MAPIT and we may interrupt access to the Application. Please not that, in the event of a serious breach of these Terms and Conditions, MAPIT may permanently block your access to the Application and cease offering you access to MAPIT.

 

10. Your responsibilities

10.1 – You are responsible for correctly using your motorcycle and for carrying out all the necessary procedures to be able to access the Application, including Internet connection and access to any Third Party Device.

10.2 – You are responsible for disconnecting the Device at the end of the Subscription or in the event of selling the motorcycle.

 

11.  Privacity

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

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

 

12. Events beyond our control

12.1 Neither we nor any of our suppliers or collaborators in the provision of the MAPIT service will be responsible for any non-performance or delay in the fulfilment of any of the obligations under these Terms and Conditions when it has been caused by acts or events beyond our reasonable control, such as:

12.1.1 – Failure of public or private telecommunications networks

12.1.2 – Lack of GPS signal, Internet connection, failure of telecommunications 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 stops working, preventing the transmission or receipt of information to/by the corresponding operator of the collision alert

12.1.3 – Failure of the Application to provide the functionalities indicated in clause 0 (including, in particular, to provide you with an accurate analysis of a journey) 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 ceases to function, without allowing the transmission or receipt of information, or the failure of telecommunications networks or other similar events (“Event Beyond Our Control”)

12.2 – If an Event Beyond Our Control occurs that affects the fulfilment of our obligations under these Terms and Conditions:

12.2.1 – Our obligations arising from these Terms and Conditions will be suspended and the time of fulfilment of them will be extended for the duration of the Event Beyond our Control.

12.2.2 – We will do all that is possible to find a solution that allows us to fulfil the obligations arising from these Terms and Conditions despite the Event Beyond our Control.

 

13. Communications and complaints

13.1 – If you need to contact us or make a claim you can contact MAPIT, whose contact details appear on the mapit.me website.

13.2 – We will make every effort to respond to your query as soon as possible

 

14. General provisions

14.1 – We may transfer the rights and obligations 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 or obligations derived from these Terms and Conditions with prior written acceptance from MAPIT.

14.3 – These Terms and Conditions are agreed between you and MAPIT. No other person may enforce any right derived from these Terms and Conditions.

14.4 – Each of the paragraphs within the Terms and Conditions is independent from the rest. In the event that a court or competent authority declares that any 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 fulfilment of any of your obligations arising from these Terms and Conditions or, if we do not assert our right, or delay in exercising them, this does not mean that we have waived exercising our rights against You nor will it imply that You do not have to comply with those obligations. If we exempt you from any non-compliance, we will only do so in writing and this will not imply that we will automatically exempt you from any other subsequent non-compliance.

14.6 – These Terms and Conditions and the relationship between You and MAPIT will be governed by Spanish law and you may present any controversy or conflict in relation to these Terms and Conditions before the competent Spanish courts, in accordance with the applicable procedural regulations.

14.7 – In any event you have the right to file a complaint with the relevant consumer protection organisation, provided that MAPIT formally accepts such alternative dispute resolution system (“ADR”). ADR is a system in which an independent body assesses the facts and attempts to resolve the dispute 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.