DOTS.bike App
TERMS & CONDITIONS


Welcome to DOTS.bike Application. DOTS.bike App is a communications and location service for bicycle to help riders to monitor, track and locate their bike.

YOUR ACCESS AND USE OF THE DOTS.bike SERVICE IS SUBJECT TO (1) THESE TERMS OF SERVICE, (2) YOUR AGREEMENTS WITH THIRD PARTIES, SUCH AS YOUR WIRELESS CARRIER, APP STORE/PLATFORM OR DEVICE PROVIDER AND (3) ALL APPLICABLE LAWS, RULES AND REGULATIONS. BY ACCESSING OR USING ANY PART OF THE SERVICE, YOU ACKNOWLEDGE THAT YOU ACCEPT THESE TERMS OF SERVICE. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, YOU MAY NOT USE ANY PORTION OF THE DOTS.bike SERVICE.

DOTS.bike Overview: The Mobile Application (the “DOTS.bike App”) and the Tracking Device (the “DOTS.bike Device”, collectively the “DOTS.bike Service”) are provided by ConnectLAB (ConnectLAB).
The DOTS.bike Device can be configured, monitored and contacted through the DOTS.bike App. You may not resell use of, or access to, the DOTS.bike Service to any third party. You may not use the DOTS.bike Service for any commercial purpose without the prior written consent of ConnectLAB.

Consent of usage: The DOTS.bike Device is intended to be worn on a bicycle. Once the Device provided, you represent and warrant that you are authorized to enable and permit ConnectLAB to operate the DOTS.bike Service and collect and use the information from the DOTS Device used by the subscriber as stated in these Terms of Service/Privacy Policy and the Terms of Sales: http://www.dots.bike/terms-of-sales.html

Location Device / Emergency: The DOTS.bike Service is intended for use as a location device. However, the DOTS.bike Service is not a failsafe security system. Therefore, proper safety precautions should always be used, despite the use of the DOTS.bike Service.

Emergency SOS Compatible: The DOTS.bike App is equipped with an Emergency Alert, allowing the user to directly SMS DOTS.bike’ emergency contacts in case of accident. The emergency contacts are not fixed and can be modified through the DOTS.bike App settings.

Privacy: The DOTS Device is collecting and transmitting data to ConnectLAB, such as location data. Detailed data collection and use is critical to the successful operation of the DOTS.bike Service. To learn more about our fully GDPR compliant data collection and use practices, please read DOTS.bike’s Privacy Policy http://www.dots.bike/privacypolicy.html being the software provider of DOTS.bike Service.

Limited Warranty for the Device: ConnectLAB provides a Limited warranty to its subscribers that the DOTS.bike Device is free from defects in materials or workmanship under normal use when used in compliance with the User Manual for twenty-four (24) months from the original date of purchase from an authorized reseller, in accordance with customers statutory rights and subject to the limitations and terms of the warranty disclosure.

DOTS.bike App License: In order to use the DOTS.bike Service, you will need to download and install the DOTS.bike App. DOTS.bike hereby grant you a non-exclusive, non-transferable, revocable, Limited license to use the DOTS.bike App solely on devices that you own or manage. You represent and warrant to us that you have the right to install and operate the DOTS.bike App on such devices you are using. You may not remove, obscure, modify or disable any proprietary notices from DOTS.bike on any part of the DOTS.bike Service. You may not transfer this license to another party. You may not use the DOTS.bike Service for any purpose that is illegal or potentially harmful to another party, including DOTS.bike.

Uninstall DOTS.bike: You may uninstall the DOTS.bike App at any time by deleting it from your device in the same manner that you delete similar apps.

GDPR: Due to inactivity and in compliance with GDPR, your personal information details will be deleted following a period of TWO (2) years. If you wish for a complete deletion of your contact in advance, you can contact http://www.dots.bike/contact.html. For more information on GDPR compliance, you can also contact our data provider here: dpo@smartcom.com.

Data Hosting: Our servers are maintained in the United States of America, using Amazon Web Services (‘AWS’), a member of the Privacy Shield: https://aws.amazon.com/compliance/eu-us-privacy-shield-faq/. By using DOTS.bike Service, you freely and specifically give us your consent to host your personal information to the USA and to store as specified by this General Terms and Conditions and the EU-US Privacy Shield Act: https://www.privacyshield.gov/

DOTS.bike App Updates: DOTS.bike may change, update or otherwise modify the DOTS.bike App or the software on the DOTS Device at any time.

Registration and Passwords: In order to use the DOTS.bike Service, you must register and install the DOTS.bike App. All information about you must be truthful, and for your safety, you may not use any aliases or other means to mask your true identity. All email accounts must belong to you and not any other person. You are responsible for the security of your password and will be solely liable for any use or unauthorized use under your user name. If you suspect any unauthorized use of your user name, you should change your password and/or contact DOTS.bike immediately at http://www.dots.bike/contact.html.

Termination of Access: In addition to any right or remedy that may be available to us under these DOTS.bike Terms of Service or applicable law, we may suspend, limit or terminate your account, or all or a portion of your access to the DOTS.bike Service, at any time with or without notice in the event (1) you have breached these Terms of Service, (2) such action is necessary to prevent harm to any party or liability to ConnectLAB srl.

Communications with DOTS: Any communication or material you transmit to us by electronic mail, social media or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Except to the extent expressly covered by our Privacy Policy (meaning your private data).

Proprietary Rights: We are the exclusive owner or authorized licensors of the DOTS.bike Service, including all copy, software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained therein. Without limiting the foregoing, you acknowledge that the DOTS.bike Service is the exclusive property of ConnectLAB srl, and that you will not take any act inconsistent with our ownership rights or that would damage our ownership rights. No part of the DOTS.bike Service may be reverse engineered, decompiled or modified, nor may derivative works be created based on the DOTS.bike Service, without the prior written consent of ConnectLAB srl’s legal representative. All rights not granted under these Terms of Service are reserved by ConnectLAB srl and its partners.

Disclaimer of Additional Warranties: EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THE SECTION ENTITLED “LIMITED WARRANTY FOR THE DEVICE”, ALL PARTS OF THE DOTS.BIKE SERVICE ARE PROVIDED “AS IS” AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER AND WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE DOTS.BIKE 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. WE SHALL NOT BE LIABLE FOR THE USE OF THE DOTS.BIKE SERVICE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES.
CONNECTLAB SRL DISCLAIMS ALL LIABILITY FOR, OR WARRANTIES FROM, THIRD PARTY SERVICES OR PRODUCTS USED IN CONNECTION WITH THE DOTS.BIKE SERVICE, SUCH AS YOUR WIRELESS CARRIER, APP STORE/PLATFORM PROVIDER OR DEVICE MANUFACTURER.
IN NO EVENT WILL WE 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, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Your sole remedies, and ConnectLAB srl’s sole obligations, are as set forth under the section entitled “Limited Warranty for the Device”, for you to stop using the DOTS.bike Service.

Changes: We may change, suspend or terminate the DOTS.bike Service at any time without notice. In addition, these DOTS.bike Terms of Service may be changed at any time without prior notice. We will inform you once done. You should check for such changes as frequently as possible. Your continued access of
the DOTS.bike Service after such changes conclusively demonstrates your acceptance of those changes.

Indemnification: You agree to indemnify, defend and hold us and our representatives and agents harmless from and against any and all third party claims, demands, liabilities, costs or expenses, including attorney fees and costs, arising from, or related to (1) any breach by you of these Terms of Service, (2) your use of the DOTS.bike Service or (3) a violation by you of any applicable law, agreement or obligation to a third party.

Governing Law: The laws of Italy shall govern these Terms of Service and, subject to the arbitration section below, YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN ITALY FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS OF SERVICE OR YOUR ACCESS OR USE OF THE DOTS.BIKE SERVICE. Any claims asserted by you in connection with the DOTS.bike Service must be asserted in writing to ConnectLAB srl. Within one (1) year of the date such claim first arose, or such claim is forever waived by you. Notwithstanding the arbitration section below, ConnectLAB srl may seek an injunction in a court of competent jurisdiction to the extent necessary to prevent any harm to any party or liability to ConnectLAB srl.

Arbitration: You hereby submit to the exclusive jurisdiction of the Arbitration Board of Milan’s Chamber in connection with any dispute relating to, concerning, or arising out of these Terms of Service or the DOTS.bike Service. Payment of all filing, administration, and arbitrator fees will be governed by the Arbitration Board of Milan’s Chamber rules, unless otherwise stated in this paragraph. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, ConnectLAB srl will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitration before the Arbitration Board shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to claims between you and us alone. Claims may not be joined on consolidated unless agreed to in a writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. If you initiate a litigation or any other proceeding against ConnectLAB srl in violation of this paragraph, you agree to pay ConnectLAB srl’s reasonable costs and attorneys’ fees incurred in connection with its enforcement of this paragraph.

Severability: If any part of these Terms of Service 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 of Service.

Waiver; Remedies: The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms of Service by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms of Service. Our rights and remedies under these Terms of Service shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

Export: You may export or re-export the DOTS.bike Service except as authorized by the laws of the jurisdiction in which the DOTS.bike Service was obtained. In particular, but without limitation, the DOTS.bike Service may not be exported or re-exported (a) into any E.U. embargoed countries. By using the DOTS.bike Service, you represent and warrant that you are not located in any such country.

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 of Service. Except as otherwise agreed in writing between you and the applicable Platform Provider, Platform Providers have no obligation whatsoever to furnish any maintenance and support services with respect to the DOTS.bike Service. To the maximum extent permitted by applicable law, Platform Providers will have no other warranty obligation whatsoever with respect to the DOTS.bike Service. Except as otherwise agreed in writing between you and the applicable Platform Provider. You acknowledge that Platform Providers are not responsible for addressing any claims relating to the DOTS.bike Service or your possession and/or use of the DOTS.bike Service, including but not Limited to: (i) product liability claims; (ii) any claim that the DOTS.bike Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. We, 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.bike Service. Platform Providers are third party beneficiaries of these Terms of Service, and Platform Providers will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third party beneficiary thereof.

Contact Information: Should you have any questions regarding these Terms of Service, to report a violation of these Terms of Service or abuse of the DOTS.bike Service, to receive help in uninstalling the DOTS.bike App or for any other matter, you may contact us at: http://www.dots.bike/contact.html.