G-log App powered by Worldsensing Terms of Use

By downloading, accessing and using G-log App powered by Worldsensing, you signify your assent to these Terms of Use.

LICENSE OF USE

Subject to your agreement to and compliance with the provisions set out in the Terms of Use, we grant to you a non-exclusive, non-transferable, non-sharable, revocable, limited license to use the App solely for the authorized use by Worldsensing in accordance with the End-User License Agreement.

INTELLECTUAL PROPERTY RIGHTS

Worldsensing is the owner or the licensee of all intellectual property rights related to the App and the material published on it, while the brand image is owned by Geosense Limited. The contents are protected by copyright laws and treaties around the world. All such rights are reserved. The contents may not be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of Worldsensing and Geosense Limited.

PRIVACY

Your privacy matter to us. You can learn how we handle your information when you use Worldsensing technology by reading our Privacy Policy. We encourage you to give the Privacy Policy a careful look. Please, do not forget that you are the main responsible for keeping your credentials private.

PROHIBITED CONDUCT

You agree to use the App in accordance with the applicable laws and regulations. You are solely responsible for your conduct while accessing or using the App. In connection with your use of the App and the offered services, you will not:

  • Log into an account which you are not authorized to access;
  • Reverse engineer, decompile or disassemble any aspect of the App or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of the App;
  • Develop or use any third-party applications that interact with the App and the offered services without our prior written consent, including any scripts designed to scrape or extract data from the App;
  • Interfere or attempt to interfere with any user or network, including by way of introducing a virus, overloading, “flooding” or crashing the system;

TERMINATION

If you are in breach of any of these Terms, we reserve the right, in our sole discretion, to terminate your right to access or use of the App. We are not responsible for any loss, damage or harm related to your inability to access or use the App based on such termination.

WARRANTY AND LIABILITY

We endeavour to provide the best service we can, but you understand and agree that the App service is provided “As Is” and “As Available”, without express or implied warranty or condition of any kind. Worldsensing will not be liable for any indirect, incidental, special, consequential damages, or any loss of profits, or any loss of revenues, or any loss of data or other intangible losses resulting from the use of the App.

GOVERNING LAW

These Terms of Use and disputes / claims arising out of or in connection with them are subject to the laws of Spain.

MODIFICATION OF THE TERMS

We reserve the right, at our discretion, to change the Terms on a going forward basis at any time. For your convenience, we will post the amended Terms within the App. If you do not agree to the amended Terms, you must stop accessing and using the App.

INFORMATION COLLECTION AND USE

For a better experience, while using our Service, we may require you to provide us with certain personally identifiable information, including but not limited to Worldsensing. The information that we request will be retained by us and used as described in this privacy policy.

The app does use third-party services that may collect information used to identify you. Link to privacy policy of third-party service providers used by the app:

LOG DATA

We want to inform you that whenever you use our Service, in case of an error in the app we collect data and information (through third-party products) on your phone called Log Data. This Log Data may include information such as your device Internet Protocol address, device name, operating system version, the configuration of the app when utilizing our Service, the time and date of your use of the Service, and other statistics.

 

LAST UPDATE: 9th day of July, 2024.

 

End-User License Agreement

This End-User License Agreement (“Agreement”) is entered into by and between Worldsensing, (“Worldsensing”), with a registered address in Barcelona (Spain), at C/ Viriat, 47, 10th floor and assigned Tax Identification Code (CIF) B-64902208, and the end-user (“The Licensee”) of Worldsensing App marketed by Worldsensing.

THE USE OF THE SOFTWARE BY THE LICENSEE IMPLIES THAT THE LICENSEE HAS READ THIS AGREEMENT, THAT HAS UNDERSTOOD IT AND CONSENTS TO OBLIGATE IN THEIR TERMS

1. LICENSE

1.1 Subject to Licensee’s payment of the applicable fees and Licensee’s compliance with other terms and conditions of this Agreement, Worldsensing grants to the Licensee a perpetual non- transferable, non-assignable, non-sublicensable, non-exclusive license of the Software for the purpose of the productive use of such software, in accordance with the Software’s technical documentation and in the territory agreed in one or more applicable Worldsensing or Worldsensing-authorized reseller purchase orders (the “Order Form”) executed with Licensee.

1.2 This Agreement is effective from the date the Licensee accepts the terms of the Agreement.

1.3 Worldsensing does not grant Licensee the right to create derivative works of the Software.

1.4 Reservation of Worldsensing reserves all rights to the Software, except for the rights expressly granted under the terms of this Agreement to the Licensee as the End-User of the Software.

2.  DATA LICENSE

2.1 The Licensee hereby grants Worldsensing a non-exclusive, worldwide, irrevocable, perpetual and royalty-free license to use all data (including Analytics Data and any unique account identifiers) provided to Worldsensing by Licensee, for the purposes of (i) providing Support Services and other services to Licensee; (ii) improving the Worldsensing Software; (iii) performing analyses related to the operation and Licensee’s use of the Worldsensing The foregoing license includes the right for Worldsensing to develop and publish or otherwise make available broadly applicable insights regarding aggregated data from multiple Worldsensing Software Licensees, but only when the Analytics Data have been aggregated or de-identified so that such insights cannot reasonably be used to identify Licensee’s Users or Visitors.

3.  LICENSE EXCLUSIONS

3.1 Except as expressly authorized in writing by Worldsensing, Licensee shall not: distribute, sublicense, disclose, market, rent, lease, or offer remote computing services, networking, batch processing or transfer of, the Software to any third party, or permit any person or entity to have access to the Software by means of a time-sharing, remote computing services, networking, service bureau or time-sharing arrangement, or export the Software in violation of European and Spanish regulations.

3.2 The Licensee may not apply reverse engineering techniques, decompile or disassemble the Software, or attempt to obtain the source code of the Software in any other way, except to the extent that this restriction is explicitly prohibited by law.

3.3 No license, right or interest in any Worldsensing trademark, trade name or service mark is granted hereunder.

4. TITLE AND PROTECTION

4.1 Worldsensing retains title to all portions of the Software and other Proprietary Materials and any copies The Proprietary Materials contain valuable proprietary information, and the Licensee shall not disclose them to anyone other than those of its employees or consultants under written nondisclosure obligations at least as restrictive as those contained in this Agreement, needing to know for purposes consistent with this Agreement. The Licensee shall be responsible for the compliance of such employees or consultants. The obligations outlined in this Section shall survive the termination of this Agreement.

4.2 The Licensee acknowledges that the Software includes certain open-source software (“OSS”) which is governed by the applicable license terms thereof. The OSS is subject to the provisions of such license agreements, and in the event of any contradiction between the provisions of this Agreement and the provisions of such applicable license agreement, the provisions of the applicable open-source license agreement shall prevail solely for such open-source software

5.  PATENT AND COPYRIGHT INDEMNITY

5.1 Subject to the limitations in Section 9, Worldsensing shall indemnify and defend the Licensee against any claims made by a third party that Licensee’s reproduction of the Software (which, for the purposes of this Section 6, means the Software as delivered by Worldsensing, excluding the open-source software programs described in Section 5.2) as permitted in this Agreement directly infringes such third party’s patent or copyright, provided that the Licensee complies with the requirements of this Section. The Licensee will (a) provide Worldsensing prompt written notice of any claim that the Software infringes any intellectual property rights, (b) provide Worldsensing with all information and assistance requested concerning such a claim, and (c) offer Worldsensing sole and complete authority to defend and/or settle any or all of such claims. If a court holds that the Software, or if Worldsensing believes a court may hold that the Software, infringes the intellectual property rights of any third party, Worldsensing may (but is not obligated to), in its sole discretion, do any of the following: obtain for the Licensee the right to continue using the Software, replace or modify the Software so that it becomes non-infringing while providing substantially equivalent performance or, accept the return of the Software, terminate this Agreement, and refund the Licensee an amount equal to the license fees paid to Worldsensing multiplied by the percentage of the term of the license for the Software that the Licensee did not enjoy due to the early termination by Worldsensing.

Worldsensing shall have no liability or obligation under this Agreement to the extent the alleged infringement is based on (i) a modification or derivative work of the Software developed by anyone other than Worldsensing; (ii), a combination of the Software with any product or service not provided by Worldsensing; (iii) the use of the Software in 4G Gateways not listed in an accepted Order Form; (iv) the use of the Software for other purposes as those set out in this Agreement or the product documentation; (v) indirect or willful infringement; or (vi) the misuse of any open-source code, as described in Section 5.2.

This section states Worldsensing’s entire liability and the Licensee’s exclusive remedy for any infringement related to the Software.

6.  DEFAULT AND TERMINATION

6.1 An event of default shall be deemed to occur if: (i) the Licensee fails to perform any of
its obligations under the Sections entitled “License Exclusions” or “Title and Protection”; (ii) the Licensee fails to pay amounts due pursuant to its acceptance of the fees and payment terms in Section 4 of this Agreement within seven (7) days of the relevant due date; or (iii) either party fails to perform any other material obligation under this Agreement and such failure remains uncured for more than thirty (30) days after receipt of written notice thereof.

6.2 If an event of default occurs, the non-defaulting party, in addition to any other rights available to it under the law, may terminate this Agreement and all licenses granted hereunder by written notice to the defaulting party.

6.3 Within thirty (30) days after termination of this Agreement, the Licensee shall certify in writing to Worldsensing that Licensee has ceased use of any and all Proprietary Materials and that all copies or embodiments thereof in any form, including partial copies within modified versions, have been destroyed.

7.  WARRANTY

7.1 Warranty for Software

Worldsensing warrants for the period set out in the general Sales Terms and Conditions
approved by the company and commencing upon delivery of the Software to Licensee that the Software, as delivered, will in all material respects perform the functions described in the
specifications contained in the documentation provided with the Software. If the Software
does not, in all material respects, perform the functions therein described, Worldsensing or its authorized reseller will undertake to correct any reported error under the terms of the
Maintenance Agreement in place between the Licensee and Worldsensing, which shall be
Worldsensing’s entire liability and Licensee’s exclusive remedy for breach of this warranty.
Worldsensing does not warrant that the Software will meet Licensee’s requirements, that the
Software will operate in the combinations which Licensee may select for use, that the
operation of the Software will be uninterrupted or error-free, or that all error conditions will be corrected, also Worldsensing is not responsible for the malfunction of the Software derived from a computer attack. EXCEPT AS PROVIDED IN THIS SECTION ALL SOFTWARE PROVIDED HEREUNDER IS PROVIDED “AS IS”.

7.2 Disclaimer

THE EXPRESS WARRANTIES OUTLINED IN THIS SECTION 8 ARE THE ONLY WARRANTIES MADE BY WORLDSENSING FOR THE SOFTWARE PROVIDED BY WORLDSENSING. WORLDSENSING MAKES NO OTHER WARRANTIES, EXPRESS, IMPLIED OR ARISING BY CUSTOM OR TRADE USAGE, AND, SPECIFICALLY, MAKES NO WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. WORLDSENSING’S EXPRESS WARRANTIES SHALL NOT BE ENLARGED, DIMINISHED OR AFFECTED BY, AND NO OBLIGATION OR LIABILITY SHALL ARISE OUT OF, WORLDSENSING RENDERING TECHNICAL OR OTHER ADVICE OR SERVICE IN CONNECTION WITH THE SOFTWARE.

8.  LIMITATION OF LIABILITY

8.1 Liability Exclusions

UNDER NO CIRCUMSTANCES WILL WORLDSENSING BE LIABLE FOR: LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS; LOSS OF CONTRACTS; LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO OR CORRUPTION OF DATA; OR CONSEQUENTIAL OR INDIRECT LOSS OR SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES (INCLUDING, FOR THE
AVOIDANCE OF DOUBT, WHERE SUCH LOSS OR DAMAGE IS ALSO OF A CATEGORY OF LOSS OR DAMAGE ALREADY LISTED), WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON CLAIMS OF LICENSEE, WORLDSENSING OR ANY THIRD PARTY ARISING OUT OF ANY BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY CONDITIONS OR OTHER TERM, BREACH OF CONTRACT,
MISREPRESENTATION, NEGLIGENCE, OTHER LIABILITY IN TORT, FAILURE OF ANY REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE.

8.2 Liability Cap

NOTWITHSTANDING THE FORM (E.G., CONTRACT, TORT, OR OTHERWISE) IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT, IN NO EVENT (INCLUDING WITH RESPECT TO OBLIGATIONS ARISING UNDER SECTION 6) WILL WORLDSENSING OR ITS SUPPLIERS BE LIABLE FOR DAMAGES, EXPENSES, COSTS, LIABILITIES, SUITS, CLAIMS, RESTITUTION OR LOSSES, THAT EXCEED, IN THE AGGREGATE, THE AMOUNT OF FEES PAID BY LICENSEE FOR THE SOFTWARE
LICENSE.

9.  UPGRADES AND PATCHES

9.1 Upgrades and patches are, as a rule, available under a separate and continuously valid fully paid maintenance agreement.

9.2 Upgrades and patches can also be made available to the Licensee at no additional cost. This decision is at the discretion of Worldsensing.

10.  NOTICES

10.1 All notices shall be in writing and sent by first class mail or overnight mail (or courier), or email, to the addresses indicated on the Order Form, or such other address as either party may indicate by at least ten (10) days’ prior written notice to the other party. Notices to Worldsensing shall be sent to the Department of Legal and Compliance ([email protected]).

11.  ASSIGNMENT

11.1 The Licensee may not assign this Agreement without the prior written consent of Worldsensing; provided that such consent shall not be required for assignment to a purchaser of all or substantially all of the assets or equity securities of Licensee who undertakes in writing to be bound by all the terms and conditions of this Any prohibited assignment shall be null and void.

12.  ENTIRE AGREEMENT

12.1 This Agreement is the complete and exclusive agreement between the parties, which supersedes all proposals or prior agreements, oral or written, including any online (click- through) agreement, which Licensee may have accepted in conjunction with the use of the Software, and all other communications between the parties relating to the subject matter hereof. No purchase order, other ordering document or any handwritten or typewritten text, which purports to modify or supplement the printed text hereof or the Order Form shall add to or vary the terms thereof and Worldsensing hereby rejects the same. Except as contained in a writing signed by both parties, all such proposed variations or additions are objected to and shall have no force or effect.

13.  APPLICABLE LAW AND JURISDICTION

13.1 The interpretation, validity and execution of this Agreement shall be governed by Spanish law, excluding the rules of private international law on applicable law and the rules on the international sale of goods (such as, for example, the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980).

13.2 For the resolution of any dispute or litigation in relation to this Agreement the parties shall expressly submit to the jurisdiction and jurisdiction of the Courts of Barcelona (Spain) waiving any other jurisdiction that may correspond to them.

14.  DEFINITIONS

Modifications” means any code developed by Licensee or any third party, including without limitation, configuration, integrations, implementations, or localizations to the external layer of the core, baseline Software product. The term “Modifications” excludes Updates.

Proprietary Material” means the Software, related documentation, and all parts, copies and modifications thereof, and any other information, in whatever form, received by Licensee hereunder, provided, however, such information shall not be deemed Proprietary Material if it

(a) is or becomes a part of the public domain through no act or omission of Licensee; or (b) was in Licensee’s lawful possession prior to the disclosure and had not been obtained by Licensee from Worldsensing; or (c) is lawfully disclosed to Licensee by a third party without restriction on disclosure; or (d) is independently developed by Licensee without reference to or use of Worldsensing’s Proprietary Material.

Software” means Worldsensing’s proprietary software solution known as the Worldsensing Software, including associated technical documentation, and all Updates thereof furnished to Licensee as part of Support Services. Except as otherwise specified herein, the term Software includes certain open-source software (“OSS”) programs described in Section 5.2. “Software” does not include any Modifications.

Updates” means all published revisions and corrections to the printed documentation and corrections and new releases of the Software, which are generally made available to Worldsensing’s supported customers at no additional cost or for media and handling charges only. Updates shall not include any options or future products which Worldsensing sells separately.

 

LAST UPDATE: 9th day of July, 2024.

 

Terms and Conditions of Open-Source Software

 1.  OPEN-SOURCE LICENSE

1.1 Worldsensing’ technology uses or contains software licensed or distributed under any
of the following licenses (“Open-Source Software”, “OSS”). Notwithstanding anything to the
contrary stated in the corresponding End-User License Agreement, installation or use of
Open-Source Software shall be subject to the following license terms and this Terms and
Conditions of Open- Source Software, which shall prevail over the End-User License Agreement. Some of Open- Source Software may, in its accompanying files, specify different version of the license terms and/or additional terms, which, if any, shall take precedence over the following license terms:

Component License
1 opencsv Apache License, Version 2.0
2 firebase Crashlytics FIREBASE CRASHLYTICS AND FIREBASE APP  DISTRIBUTION TERMS OF SERVICE
3 Firebase SDK FIREBASE CRASHLYTICS AND FIREBASE APP  DISTRIBUTION TERMS OF SERVICE
4 Firebase-appDistribution FIREBASE CRASHLYTICS AND FIREBASE APP  DISTRIBUTION TERMS OF SERVICE
5 Glide License
6 Dexter Apache License, Version 2.0
7 Dagger Apache License, Version 2.0
8 rxJava3 Apache License, Version 2.0
9 Timber Apache License, Version 2.0
10 slf4j-timber Apache License, Version 2.0
11 Mapbox SDK License
12 Retrofit2 Apache License, Version 2.0
13 Retrofit2 converter gson Apache License, Version 2.0

The text of the license terms is available in the above websites.

2. LIMITED WARRANTY

2.1 Each Open-Source Software shall be provided on an “AS IS” basis without warranty of any kind, and any express or implied warranties, including without limitation, any warranties of title, noninfringement, merchantability or fitness for a particular purpose are disclaimed.

3.  LIMITATION OF LIABILITY

IN ADDITION TO AND WITHOUT LIMITING THE GENERALITY OF THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN OPEN SOURCE LICENSES OR END-USER LICENSE AGREEMENT, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW, IN NO EVENT SHALL WORLDSENSING, ITS AFFILIATES AND SUPPLIERS BE LIABLE, IN RELATION TO OPEN SOURCE SOFTWARE, FOR ANY CLAIM, LOSS OR DAMAGE BASED UPON OR RELATED TO, A THIRD PARTY CLAIM, ACTUAL OR ALLEGED INFRINGEMENT, MALFUNCTIONS OR LOSS OF DATA, OR ANY DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, WHETHER ARISING IN TORT, CONTRACT, OR OTHERWISE, EVEN IF WORLDSENSING, ITS AFFILIATES OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.

4.  OPENING UP ACCESS TO SOURCE CODE

  • Please contact the following e-mail for the access to the source code of OSS, when legally applicable: [email protected]. We are not able to answer any further questions about source code.

 

LAST UPDATE: 9th day of July, 2024.