DOTS.you GENERAL TERMS AND CONDITIONS

Overview:

Welcome to DOTS.you Service (as defined below): a communications and location service that helps in monitoring, tracking and locating.

By accessing and using the DOTS.you Service, you acknowledge that you have read, understand and agree to be legally bound by these terms and conditions of service (the “Terms and Conditions”) and the terms and conditions of the Privacy Policy (“Privacy Policy”) of ConnectLab S.r.l. (“ConnectLab”), which are incorporated herein by reference. If you do not agree to these terms, do not access or use the DOTS.you Service.

  1. Access: Access and use of the DOTS.you Service by any user (each, a “User”) is subject to: (1) these Terms and Conditions; (2) your agreements with third parties, such as your wireless carrier, App store/platform or device provider; (3) all applicable laws, rules and regulations; and (4) the DOTS.you Safety and Warranty Information Manual [(the “Safety and Warranty Information Manual)]”. [To be confirmed by ConnectLab].
  • Agreement to the Terms and Conditions: THIS IS A BINDING LEGAL AGREEMENT BETWEEN YOU AND CONNECTLAB. YOU MUST READ THESE TERMS AND CONDITIONS IN THEIR ENTIRETY. THIS AGREEMENT CONTAINS WARRANTY AND LIABILITY DISCLAIMERS. BY ACCESSING AND/OR USING THE DOTS.YOU SERVICE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS, INCLUDING ANY AND ALL RESTRICTIONS POSTED VIA THE DOTS.YOU SERVICE, WITHOUT ANY MODIFICATION, ADDITION OR DELETION. IF YOU DO NOT AGREE TO OR CANNOT COMPLY WITH THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT IN THEIR ENTIRETY, YOU ARE NOT AUTHORIZED TO USE THE DOTS.YOU SERVICE. PLEASE NOTE YOU MAY BE DENIED ACCESS TO THE DOTS.YOU SERVICE, BY THE SOLE DISCRETION OF CONNECTLAB, WITH OR WITHOUT PRIOR NOTICE TO YOU, FOR NONCOMPLIANCE WITH ANY PROVISION OF THIS AGREEMENT.
  • DOTS.you Overview: The DOTS.you Tracking Device (the “DOTS.you Device”), the DOTS.move Mobile Application (the “DOTS.move App“) and its Application Module DOTS.you (the “DOTS.you Application Module” and, jointly, together with the DOTS.move App, the “DOTS.you App” and, collectively, together with the DOTS.you Device, the “DOTS.you Service“) are provided by ConnectLab. The DOTS.you Device can be configured, monitored and connected through the DOTS.you App: i.e. through the DOTS.you Application Module, provided by the DOTS.move App. The latter is a multi-platform Android and iOS Mobile Application that – as a “container” – allows users to manage all of the DOTS Devices purchased and associated to it. Through DOTS.move App, users can monitor the status and the position of all their DOTS devices and they can access to all the application modules provided by DOTS.move App and here previously downloaded.

You may not: (a) resell use of, or access to, the DOTS.you Service to any third party; (b) use the DOTS.you Service for any commercial purpose without the prior written consent of ConnectLab; (c) use the DOTS.you Service for any purpose that is illegal or potentially harmful to another party, including ConnectLab.

  • Locator Device: The DOTS.you Service is intended to be used as locator device designed to track things or people you value. You can easily attach or hide DOTS.you anywhere you want and in any location.
  • Emergency Alert: The DOTS.you Service is equipped with an Emergency Alert, allowing the User to directly SMS DOTS.you’s “emergency contacts” in the event that the person or the object for which the DOTS.you Service has been configured and where the DOTS.you Device has been placed, has an impact or a trauma (such as, for example, if the person falls abruptly or, if the DOTS.you Device has been configured for use on a vehicle, it has a violent impact). Such “emergency contacts” may be changed at any time through the DOTS.you App settings. ConnectLab hereby disclaims, among others, any liability of whatsoever nature and kind related to the choice of any contact inserted by the User in the DOTS.you App “settings”. However, the DOTS.you Service is not a security system or similar and shall not be deemed and/or used as such. Therefore, any proper safety measure and precaution should always be used at any time, despite the use of the DOTS.you Service.
  • DOTS.you App
  • License: In order to use the DOTS.you Service, you need to download and install the DOTS.move App and its DOTS.you Application Module. ConnectLab hereby grants you a non-exclusive, non-transferable, revocable, limited license to use the DOTS.you App solely on electronic devices that you own or manage. You represent and warrant to ConnectLab that you have the right to install and operate the DOTS.you App on any device you are using. You may not remove, obscure, modify, alter or disable any proprietary notice from the DOTS.you App on any part of the DOTS.you Service.
  • Registration: In order to use DOTS.move App you shall register in it and create an account choosing a username and a password. For your safety, all information about you shall have to be true, correct and not misleading and you may not use any aliases or other means to cover your identity. All e-mail accounts shall belong to you and not any other person. You are responsible for the security of your password and you will be solely liable for any use of it. If you suspect any unauthorized use of your registration credentials, you should change your password and/or contact ConnectLab immediately at: […]. [To be completed by ConnectLab].
  • Updates: ConnectLab may change, update or otherwise unilaterally modify the DOTS.you App or the software of the DOTS Device at any time.
  • De-installation: You may uninstall the DOTS.move App at any time by deleting it from your device in the same way as you delete similar applications. You may also disassociate the DOTS.you Device, deleting all the related data previously inserted through the use of the DOTS.you Application Module.
  • Termination of Access: In addition to any right or remedy that may be available to us under these DOTS.you Terms and Conditions or applicable law, we may suspend, limit or terminate your account, your access (in whole or in part) to the DOTS.you Service, at any time – with or without notice – in the event: (a) you have breached (in whole or in part) any provision contained in these Terms and Conditions; (b) such action is necessary to prevent and/or limit a prejudice to any party or a liability to ConnectLab.
  • ConnectLab’s Limited Warranty: THE ONLY WARRANTY GIVEN BY CONNECTLAB TO USER IN CONNECTION WITH THE DOTS.YOU SERVICE SHALL BE CONNECTLAB’S STANDARD LIMITED WARRANTY REFLECTED IN “EXHIBIT A” HERETO (THE “CONNECTLAB’S STANDARD LIMITED WARRANTY”). RISK OF USE OF DOTS.YOU SERVICE SHALL BE WITH USER. WITHOUT PREJUDICE TO THE RIGHTS CONTAINED IN CONNECTLAB’S STANDARD LIMITED WARRANTY, UNDER NO CIRCUMSTANCES SHALL CONNECTLAB ASSUME ANY LIABILITY WHATSOEVER IN THE EVENT THAT USER IS UNABLE TO USE (IN WHOLE OR IN PART) THE DOTS.YOU SERVICE AND USER SHALL HAVE NO RIGHT TO RETURN THE DOTS.YOU DEVICE TO CONNECTLAB UNDER SUCH CIRCUMSTANCES. OTHER THAN AS STATED BELOW, CONNECTLAB MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, RELATING TO THE DOTS.YOU SERVICE. WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, ARE HEREBY DISCLAIMED. WITHOUT PREJUDICE TO THE FOREGOING, THE TWENTY-FOUR (24) MONTH WARRANTY PERIOD GRANTED BY CONNECTLAB HEREUNDER AND UNDER THE CONNECTLAB’S STANDARD LIMITED WARRANTY SHALL BEGIN ON THE DATE OF THE DELIVERY OF THE DOTS.YOU DEVICE PURCHASED FROM AN AUTHORIZED RESELLER.
  • Data Protection:
  • Data Collection: DOTS.you Service collects and transmits data (such as location, activity and calendar data) to ConnectLab. Detailed data collection and use is critical to the successful operation of the DOTS.you Service. Therefore, using the DOTS.you Service, you authorize and permit ConnectLab to collect and use any ad all data and information, as stated in these Terms and Conditions.

To learn more about our fully GDPR (General Data Protection Regulation – E.U. Reg. n. 2016/679, the “GDPR”) compliant data collection and use of personal data, please read DOTS.you Privacy Policy at: […] [To be completed by ConnectLab]. For more information on GDPR compliance, you can also contact our data provider at: dpo@smartcom.com.

  • Deletion of Data: Due to inactivity and in compliance with the GDPR, your personal data will be deleted following a period of two (2) years. For an early complete deletion of your peronal data, you can contact us at any time at: […].[To be completed by ConnectLab].
  • Data Hosting: Our servers are maintained in the United States of America, by using Amazon Web Services (the “AWS”), a member of the EU-USA Privacy Shield. Please visit: https://aws.amazon.com/compliance/eu-us-privacy-shield-faq/.

By using DOTS.you Service, you specifically give us your consent to host and store your personal data into the USA, as specified by these Terms and Conditions and the EU-US Privacy Shield Act, that you may find at: https://www.privacyshield.gov/.

  • Communications: Any communication or material you transmit to us by e-mail, social media or otherwise, including any data, questions, comments, suggestions, or whatever, will be treated as non-confidential and non-private, except to the extent expressly covered by our Privacy Policy.
  • Proprietary Rights: We are the exclusive owner or authorized licensors of Proprietary Information (as defined below) related to the DOTS.you Service. Without limiting the foregoing, you acknowledge and agree that the DOTS.you Service (together with any Proprietary Information related thereto) is the exclusive property of ConnectLab, and that you will not take any action that would harm or damage any of our proprietary rights. No part of the DOTS.you Service may be reverse engineered, decompiled or modified, nor may derivative works be created based on the DOTS.you Service, without the prior written consent of ConnectLab. All rights not granted under these Terms and Conditions are reserved by ConnectLab and its partners. For the purposes of this Section 9, the term “Proprietary Information” shall mean, collectively, any information (whether marked confidential or otherwise) disclosed (whether in writing, orally or by any other means) by or behalf of ConnectLab to User and/or to any of its affiliates and/or representatives, including without limitation any proprietary information relating to products, services, technology, business, processes, techniques, formulae, prototypes, designs, product lines, research activities, ideas, know-how, industrial and engineering production processes, works of authorship, copyright works, databases, inventions (whether patentable or not), technical information, trade secrets, computer programs, computer code, compositions, price lists or pricing structures, sales and marketing information, business plans or dealings, data, drawings, schematics, customers, product development plans, technical and financial information, employees, business models, management models/ideas/processes (including facilities management models, ideas, processes).
  1. Variations: We may change, suspend or terminate the DOTS.you Service at any time without notice. In addition, these Terms and Conditions may be changed at any time without prior notice. We recommend you to periodically check if any change has from time to time occurred. Any change to these provisions will be incorporated into revised Terms and Conditions that will be posted here. Changes shall be effective when they are posted. User has the obligations to review changes to these Terms and Conditions when they access or re-access the DOTS.you Service. If you do not agree to, or cannot comply with, the revised Terms and Conditions you shall stop using the DOTS.you Service. Your continued access of the DOTS.you Service after such changes shall constitute and be deemed as full and unconditional acceptance of such changes.
  1. Indemnification: You undertake agree to indemnify, defend and hold us and our employees, directors, representatives and agents harmless from and against any and all third parties’ claims for damages, demands, liabilities, costs or expenses, including attorney fees and costs, arising from, related to, or connected with: (a) your use of the DOTS.you Service; (b) any breach by you of these Terms and Conditions; and (c) any violation by you of any applicable law, agreement or obligation to a third party.
  1. Severability clause: To the extent permitted under the applicable law, if any part of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms and Conditions.
  1. Waiver/Remedies: Failure to partially or fully exercise any right arising from these Terms and Conditions, shall not be deemed a waiver of such rights and shall not prevent a subsequent exercise of them. Our rights and remedies under these Terms and Conditions shall be cumulative, and the exercise of any such right or remedy shall not prevent to exercise any other right or remedy.
  1. Export: You may export or re-export the DOTS.you Service in accordance with the laws of the jurisdiction in which you obtained the DOTS.you Service, as well as the law of the jurisdiction in which you are actually using the DOTS.you Service. In particular, but without limitation, the DOTS.you Service may not be exported or re-exported into any EU and/or USA embargoed countries. By using the DOTS.you Service, you represent and warrant that you are not located in any such country.
  1. Third Parties: Platform providers, such as Apple®, Google® and other third party carriers, platform or software providers and device manufacturers (“Platform Providers”) are not parties to these Terms and Conditions. Except as otherwise agreed in writing between you and the applicable Platform Provider, Platform Providers have no obligation whatsoever to provide any maintenance and support services with respect to the DOTS.you Service. To the maximum extent permitted by applicable law, Platform Providers shall have no other warranty obligation whatsoever with respect to the DOTS.you Service. You acknowledge that Platform Providers are not responsible for addressing any claim relating to the DOTS.you Service or your possession and/or use of the DOTS.you Service, including, without limitation: (a) product liability claims; (b) any claim that the DOTS.you Service fails to conform to any applicable legal or regulatory requirement; and (c) any claim about the DOTS.you Service, arising under consumer protection or similar legislation. We – and not the Platform Providers – will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim by the DOTS.you Service. Platform Providers are third parties beneficiaries of these Terms and Conditions; therefore, as such, Platform Providers shall have the right to enforce these Terms and Conditions against you.
  1. Governing Law: These Terms and Conditions shall be governed by the laws of the Republic of Italy – with the exclusion of those provisions regarding the conflicts of laws – and YOU HEREBY EXPRESSELY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE ITALIAN COURTS – IN ACCORDANCE WITH THE FOLLOWING SECTION 17 – FOR ALL DISPUTES RELATING TO THESE TERMS AND CONDITIONS OR YOUR ACCESS OR USE OF THE DOTS.YOU SERVICE. Any claim in connection with the DOTS.you Service shall have to be notified in writing to ConnectLab at latest within 60 (sixty)daysafter discovery of the reason justifying such claim, otherwise such claim shall have to be considered forever waived and discharged by you. ConnectLab may seek an injunction in a court of competent jurisdiction to the extent necessary to prevent any prejudice to any party or liability to ConnectLab.
  1. Dispute resolution: You hereby submit to the exclusive jurisdiction of the Court of Milan in connection with any dispute relating to, concerning the, or arising from DOTS.you Service and these Terms and Conditions and their interpretation, validity and enforceability.
  1. Contact Information: For any questions regarding these Terms and Conditions, report a violation of these Terms and Conditions or an abuse of the DOTS.you Service, receive any assistance in uninstalling the DOTS.move App or for any other matter or query, you may contact us at: […]. [To be completed by ConnectLab].

By accessing the DOTS.you Service you expressly acknowledge and represent to ConnectLab to have carefully read, understood and accepted the content of Sections 1 (Access), 2 (Agreement to the Terms and Conditions), 6.5 (Termination of Access), 7 (ConnectLab’s Limited Warranty), 10 (Variations), 11 (Indemnification), 16 (Governing Law) and 17 (Dispute Resolution

“Exhibit A”

To the General Terms and Conditions

CONNECTLAB’S STANDARD LIMITED WARRANTY

  1. Limited Warranty

Except as provided below, in accordance with Custumers statutory rights, for a period of twenty-four (24) months from the delivery of the DOTS.you Device, purchased from an authorized reseller, ConnectLab warrants that DOTS.you Device is free from defects, in material and workmanship, in the terms and the limits of operation prescribed in the [DOTS.you Safety and Warranty Information Manual]. [To be confIrmed by ConnectLab].

ALL PARTS OF THE DOTS.YOU SERVICE ARE PROVIDED “AS IS” AND WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE DOTS.YOU SERVICE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ATTRIBUTES. WE SHALL NOT BE LIABLE FOR THE USE OF THE DOTS.YOU SERVICE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES.

This warranty is made to and shall be enforceable only by User and shall apply only if DOTS.you Device is used and maintained in compliance with the User Manual.

  • Disclaimer of Additional Warranties

THIS WARRANTY IS THE EXCLUSIVE WARRANTY GIVEN BY CONNECTLAB IN RELATION TO THE DOTS.YOU SERVICE. CONNECTLAB HEREBY DISCLAIMS AND ESCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES OTHERWISE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

ConnectLab makes no warranty whatsoever as to: (a) integral parts, components, equipment, accessories and spares of the DOTS.you Device not manufactured by ConnectLab, in relation to which the applicable warranties, if any, of the respective manufacturers thereof shall apply; (b) third party services or products used in connection with the DOTS.you Service, such as your wireless carrier, App Store/Platform Provider but instead, the applicable warranties, if any, of the respective third parties thereof shall apply; (c) any DOTS.you Device damaged by misuse, neglect or accident; (d) any DOTS.you Device which shall have been altered or assembled in any way by others than ConnectLab which, in the sole judgment of ConnectLab, affects the performance, stability or purpose for which it was manufactured; and (e) DOTS.you Device which is not defective, but wears out during the warranty period.

  • Exclusion of Consequential and Incidental Damages

IN NO EVENT SHALL CONNECTLAB BE LIABLE, UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, WHETHER RESULTING FROM THE USE, MISUSE, OR INABILITY TO USE DOTS.YOU DEVICE OR FROM DEFECTS IN THE PRODUCT OR FROM THE NEGLIGENCE OF CONNECTLAB OR FROM OTHER TORT. EACH OF SUCH DAMAGES IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT CONNECTLAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  • Breach of Warranty

ConnectLab’s sole obligation and User’s exclusive remedy with respect to any DOTS.you Device failing to conform with the ConnectLab’s Standard Limited Warranty – and provided however that the User shall have given written notice of the non-conformity within two (2) months after the time of discovery – shall be, at ConnectLab’s sole discretion (a) repair or (b) replace the affected DOTS.you Device free of charge, unless the remedy requested is objectively impossible or excessively burdensome with respect to the other. In any of the cases provided for by the law applies, a User may request an appropriate reduction in price, or the termination of the contract and subsequent refund of the purchase price paid. ConnectLab shall take any of the actions mentioned in Paragraph (a) or (b) of this Section 4 within a reasonable time after receipt of the written notice mentioned above. No DOTS.you Device shall be returned to ConnectLab for repair, replacement or otherwise, without ConnectLab’s prior written authorization and ConnectLab will not accept any responsibility for any Device returned without such authorization. The ConnectLab’s Standard Limited Warranty shall not apply to any DOTS.you Device that has not been used and maintained in compliance with the User Manual or subjected to misuse, negligence or accident.

Your sole remedies and ConnectLab’s sole obligations, are those set forth under the Terms and Conditions, as limited, disclaimed and qualified by and under the DOTS.you Safety and Warranty Information Manual, the User Manual and the ConnectLab’s Standard Limited Warranty.