GENERAL TERMS AND CONDITIONS OF SERVICE
Last Updated: 1 August, 2021
These General Terms and Conditions of Service are a legal agreement between you and FASTRRR International LLC pertaining to the sale, use and maintenance of the Company’s performance tracking device and related online performance tracking and performance analysis services on the Databay platform.
By completing a purchase or registering on our Platform you agree to be legally bound by and act in accordance with these Terms and Conditions and all other applicable provisions under Hungarian law. If you disagree with these Terms and Conditions and/or with any other of the applicable provisions, you are not permitted to, and agree not to, use our services. The legal agreement will be evidenced by your User Account information and any device and services purchased through our Platform or in person from our Company.
Our Company reserves the right to revise these Terms and Conditions. We will notify our Users via the email address provided in their User Accounts 15 days prior to the changes made. The amended Terms and Conditions shall apply from the day of its posting on our Website and in our App. Your continued use of the Platform or Product following the posting of any changes to these Terms and Conditions constitutes your acceptance of those changes.
Should any provision of these Terms and Conditions be invalid or unenforceable, or later become so, this shall not affect the validity of the other provisions of these terms. Accordingly, should the Service Provider become aware of an invalid or unenforceable provision, the Service Provider shall replace it (in accordance with Section 1.2) with a provision as close as possible to the original objective of these Terms.
Company/Service Provider: FASTRRR International LLC (registered in Hungary under the company registration number 19-09-520671; registered seat at 24 Bolgár Mihály Str., 8200 Veszprém, Hungary; VAT-number: HU27034712; email: firstname.lastname@example.org)
Device: A performance tracking and performance analysis device manufactured and distributed by the Company.
Databay/Platform: is an online performance analysis software service, which is owned and operated by the Company and is available in desktop view via an Internet browser on our Website or via our App.
Product: the Device and the Platform together.
Customer/User: is any person who places an order, pays for a Product on the Website - or even in person – and registers on the Databay platform.
Visitor: is a person who browses the Website without registrating on it.
Website: is a webpage to access the Databay platform provided by the Company at https://www.fastrrr.com/.
App: a web-based mobile application provided by the Company, which can be downloaded for free from the App Store or Google Play, whreby a registered User may access the Databay.
PURCHASE AND SUBSCIPTION POLICY
The Customer may choose from the following three devices: DinghyEdition, YachtEdition and CoachboatPRO (hereinafter referred to as ’Device’). You can find the description of the essential features of these Devices under the Product Information page on our Website.
The Product includes a subscription to the Databay services. The available subsciption packages, the services included in a subscription package and their fees are described under the Subscription page on our Website. Please note that the content and services made available through Databay are subjects to change. The implemented changes will be posted on our Website as per section 4 under General Information and in your User Account.
If the Customer chooses a free subscription package by purchasing the Product, only the data transmitted by the given Device will be available to him. Data storage as well as additional services (e.g. summaries, evaluations) will not be available. The list of services included in the subscription packages is included in the Fee Schedule.
You can place an order in person, directly with one of our Company’s representatives or online, through our Website.
We will notify the Customer (via e-mail) about whether the order was successfully placed or not. The Company will confirm the Customer’s contract statement without delay by sending a letter to the email address provided by the User during the placement of the order. If for any reason the Customer does not receive a confirmation email within 24 hours, the Customer shall notify the Company immediately. The Company shall not be liable for any damages arising from the Customer failure to notify.
The Customer acknowledges that it is only possible to correct data entry errors during the placement of the order before pressing the ‘Order’ button. If you notice such an error or omission after placing your order, please let us know immediately. The Company shall not be liable for any damages arising from the Customer’s failure to notify.
After placing an order, you may select a means of delivery. You may collect the device in person or you may choose delivery by a third party delivery service. Collection in Person is free of charge. Otherwise, the delivery fee is added to the subscription fee when placing an order. It isn't necessary for the Service Provider to install the Product. The availability of a Device will be indicated on the Website, and the current delivery deadline depending on the availability, will be indicated in the order confirmation.
The placement of the order can be cancelled at any time before pressing "Next", without any legal consequences.
Should you fail to complete your payment or should your payment fail for any reason, your launched order will be deleted. The Company shall not be liable for any damages related to such failure of payment.
Subscription fees and delivery fees for the delivery service can be paid by PayPal. For the terms and conditions of online payment, please read the general terms and conditions of the third party service provider. The Company shall not be liable for any errors or outages during payment through these third party service providers.
The User is entitled to cancel the subscription until the 30th day from the receipt of the Product. Otherwise, the subscription is final, so upon receipt of the subscription fee, the Service Provider will not refund it, including in the event that the User's User Account or access right is (for any reason) restricted or terminated.
The minimum duration of the Subscription is one month. However, in the absence of termination, the subscription will be automatically renewed on the last day of the subscription period. The fee of the automatically renewed subscription is the same as the User's original subscription fee, regardless of any change in the fee for the subscription package in the meantime. The subsequent subscription fee will be charged the same way as the original subscription. The subscription will continue until the automatic renewal is terminated.
You can cancel the automatic renewal of the subscription at any time at least 1 (one) day before the next renewal by clicking on the appropriate link in your User Account.
The Service Provider issues the invoice of the subscription fee for the User with their name and address upon payment and sends it electronically to the email address provided by the User.
The Company reserves the right to modify the content, fees and conditions of use of the services provided on the Platform from time to time, or even to terminate the Platform, or the provision of all or parts of the Platform’s services. Any changes implemented shall be posted in compliance with these Terms and Conditions.
Registring on Databay is free of charge. However, the range of services available on Databay depends on the Customer’s subscription package. You can register a Device on the Website under “Registration” or by filling out the relevant data fields in our App.
A User can only create one User Account, but multiple Devices can be assigned to a single User Account. If a Customer purchases more than one Device at a time, or if the Customer purchases a new or additional Device(s) as a registered User, the new or additional Device(s) will automatically appear in the User's User Account.
The Company shall notify the User by e-mail about the success or failure of the Registration. The Company will confirm the User's contractual agreement without delay by sending a letter to the email address provided by the User during registration. If for any reason you do not receive a confirmation email within 24 hours, as the User, you are obliged to notify us, the Company immediately. The Company shall not be liable for any damages arising from the User's failure to notify us.
When confirming the placement of order or the registration, the Service Provider verifies that the e-mail address provided is real. With an invalid email address, the Registration is invalid and unsuccessful. As the User, you are responsible for providing your own, valid email address during registration and for maintaining the email address until the termination of your User Account. The Company shall not be liable for any damages arising from an invalid or otherwise unsuccessful purchase or registration.
By placing an order or registering, as the User, you warrant that you register with your real and true personal information and that you are a natural person of at least 16 years old and have the legal capacity to enter into this contract according to Hungarian law. Regsitering on or using our Platform without meeting these conditions, constitutes a breach of these general terms and conditions. By registering on Databay, as the User, you declare and warrant that you meet the conditions set forth in this section and are entitled to register on Databay.
If there is a change in your personal information, as a User, you are obliged to change the information in your User Account. The User shall be solely responsible for any failure to do so or for any false, incomplete or misleading information in their User Account.
The Company reserves the right to verify the information provided by the User during registeration at any time. If the Company becomes aware that the data provided by the User is not true, or two (or more) accounts are registered or used by the same person without the prior approval of the Company, the Company is entitled to partially or completely restrict or suspend the access of the User concerned.
The Service Provider reserves the right to reject the Registration of the User without any notice and to terminate the User’s User Account.
The Service Provider is entitled to refuse a registration from an already excluded e-mail address or IP address, or if this new registration has already been submitted, to cancel the registration immediately, without prior notice and providing an explanation. The exercise of this right of the Service Provider is not limited by any subscription or any services purchased by the Customer.
As the User, you are obliged to use the Device and the Platform as intended, and in compliance with the provisions of these General Terms and any legislation in force at any time.
Users - and Visitors of the Website - may use or visit the Platform at their own risk.
You can log in to Databay through the User Account on our Website or on our App.
Any (personal) data tracked by the Device(s) - e.g. User performance data – registered on the Databay Platform, will be recorded in the Customer’s User Account. If the Customer does not register the Device on Databay, the data tracked by the Product will not be recorded as personal data, ie they will not be accessible and cannot be viewed by the User, and no our additional Services will not be available.
The Company reserves the right to use the data measured in an anonymized or aggregated form for statistical purposes, product development and to improve user experience.
The User may not use the Platform in a manner that interferes with the lawful use of the Platform by other Users, nor may the User use the Platform or the User Account to gain unauthorized access to any services, data, another User Account or the Company's server.
The User may make a copy and print out the content of the Platform - its database - and its parts only for personal use only. You may not further use the content of the Platform's database for private purposes, whether on digital or physical media (in particular, but not limited to, reproducing, distributing, storing, downloading, marketing, reworking). Nor can private use indirectly serve the purpose of generating income or increasing income.
The Service Provider is entitled to restrict the User's access to certain services provided on the Platform or to delete the User Account, if, in the Service Provider's opinion, the User uses the Platform in an abusive, violating or in grave breach of the provisions of these Genral Terms.
CANCELLATION AND REFUND POLICY
As the User, you may change your subscription package at any time through your User Account, which change will take effect on the day following the last day of your previous subscription period.
You may initiate the cancellation of your subscription (hereinafter: Cancellation) at any time through your User Account or by e-mail. The Cancellation shall take effect on the day following the last day of your subscription period. With the Cancellation, the User Account is not terminated, but, in the future, you will only have access to the data and any analysis recorded during your active subscription period.
The User Account is terminated upon Termination by User or exclusion by the Service Provider.
You may initiate the termination of your User Account at any time through your User Account or by e-mail (hereinafter: Termination by User). The Service Provider shall close the User's Account on the 15th day from the date of receipt of the request for Termination by User (hereinafter: Termination Period), provided that the User has no debts to the Service Provider. Please send the your request to email@example.com. A request to terminate a User Account also qualifies as a Subscription Cancellation.
Please note that deleting the App does not constitute – neither technically, nor legally - a cancellation of the Subscription or the termination of the User Account, so the User’s subscription and the User Account will be continued.
After deleting the User Account, the Service Provider is not obliged, but shall be entitled to keep the User's data anonymously.
PROVISIONS PERTAINING TO OUR APP
In this chapter, you will find special provisions regarding the conditions of your use of our App, insofar as they differ from the conditions of use of our Website.
The App can be downloaded for free from the App Store or Google Play app stores. Given that the Company uses a third party service provider to make the App available to its Customers and that the Company cannot and does not assume any responsibility for the actions or omissions of these third party service providers, please read the terms of service of the App Store and/or Google Play, respectively. By downloading the App, you expressly agree to accept the terms of service these thrid party service providers. If you do not agree to those terms of service providers, please do not download our App. You can access the Databay Platform on our Website directly via your web browser.
The App can only be used by registered Users.
The Company grants a non-exclusive, non-transferable right to install and use one copy of the Application per User device from anywhere in the world for a limited duration (from the time of the downloading to deleting the App) in order to track and evaluate the Customer’s performance.
For the sake of clarity, the Company authorizes the use of the App, but does not transfer its ownership and copyright, and all rights relevant tot he servive not expressly transferred by these Terms and Conditions are reserved by the Company. As the Customer, you are entitled to use the App in accordance with your access rights - through your own User Account.
As the User, you may not make an electronic or analog copy of the App, in whole or in part, nor may you grant or display access to it to unauthorized third parties.
As the User, you are not entitled to reproduce the App as a whole, or a part(s) of it. The required software replication involves installing the App on the your device's mass storage and loading the App into your device's main memory. As the User, you are not entitled to modify the App or create a derivative work in whole or in part.
Your right to use the previous version(s) of our App expires when the update or new version is installed. As the User, you are not entitled to use the previous version(s) on another computer system or to allow the use of or access to the previous version(s) to an unauthorized third party after the update or the installation of the new version.
As the User, you are not entitled to (re)sell, transfer or sublease, sublicense or otherwise make the App or the User’s right to use available to any Unauthorized Third Party. You may also not rent, lease or make the App available to unauthorized third parties through hosting or streaming facilities. You may not make any improvements the App, even if there is a delay by the Company in resolving the errors indicated by the User to the Company.
As the User, you are not allowed to translate the App’s program code into other forms code, to decipher other types of software production stages, or to analyze the internal structure of the Application (hereinafter separately or together: Decryption).
Your use of our Product (both the Device and the Platform) is entirely voluntary and at your own risk.
The Company declares and the User acknowledges purchasing the Product and continuously accepts by using our Product, that the Device is the result of Company's own technical development, which has not been the subject of an official quality assurance or certification procedure and does not have any qualification, certification or license issued by a third party or public authority. Accordingly, the Company will only be liable for damages arising from the intended use of a device of such a nature, properties and features, as set forth below.
In the event of a defect in the Device, the Customer is entitled to make a warranty claim against the Company for two years from the date of purchase, within the scope of the Company's warranty obligations. The Company also undertakes a one-year guarantee from the date of purchase regarding the Device. The warranty period does not include the period while the Customer is unable to use the Device, provided that the Customer has immediately notified the Company of the defect. The Customer is obliged to report the defect immediately after its discovery, but no later than within two months from the discovery of the defect. The Company shall not be liable for any damages arising from the delay or failure to notify. The Customer may request the repair or replacement of the Device, unless it is impossible to fulfill the claim of the Customer or it would result in disproportionately high additional costs for the Company compared to fulfilling the claim in another manner. The cost of returning the Device will be borne by the Customer, but the Customer will not have to pay an additional delivery fee of the repaired or new Device. If the repair or replacement has not been requested or could not be requested, the Customer may make a claim for price reduction, or in the event of a serious defect, may also cancel the contract. The Customer can switch from the original warranty claim to another, however, the cost of switching shall be borne by the Customer, unless it was justified or caused by the Company. The Company is released from the warranty claim, if it proves that
the Customer was aware of the defect at the time of concluding the contract, or
the Customer has used the Device improperly, the Customer disregarded the contents of the user’s guide; improperly stored or handled, intentionally or negligently damaged, disassembled, or failed to perform necessary maintenance; or
if the defect was caused by the elements or a natural disaster.
The Product requires proper power supply to operate. To access the Platform, you need Internet connection or mobile phone data connection (hereinafter collectively: Data Connection), as well as sufficient amount of free storage space on the device used by the User. As the User, you are obliged to ensure that the technical devices, storage, browser or any application necessary for the operation of the Device and access to the Platform, as well as the Data Connection are available to the User. The Company shall not be liable for any operational interruptions that may occur in connection with the use of these technical devices, their storage, or the absence, malfunction or any limitation of Data Connections during the use of the Device or the Platform.
If the Company detects an error or defect in the Product, the Product Description, the Purchase and Subscription Policy on the Website or in the App, the Company reserves the right to correct it immediately and inform the Customer thereof immediately. If you notice any errors or omissions on the Website or in the App, please notify us immediately. The Company shall not be liable for any damages arising from failure to notify after the Customer has become aware of such an error or defect.
The User acknowledges and accepts that the Company provides the Platform on an “as is” basis with the functions, conditions and quality available at the time of accessing the Platform. Accordingly, the User acknowledges and accepts that occasional outages and downtime may occur with all online services. During the loss or interruption of the availability or the accessibility of the Platform, as the User, you may temporarily be unable to access the Platform or your User Account. In order to minimize the possibility of data loss, the Service Provider will do everything - technically and commercially - expected of it. In addition, the Company excludes its liability for risks and damages arising from any data loss, interruptions and outages.
The Company continuously monitors changes in legislation affecting the operation of the Product. The Company also undertakes to continuously develop, improve and optimize the Device and the Platform due to the complex nature of IT systems and the dynamically changing market environment. The Service Provider makes the software updates and configuration changes (hereinafter: Update) in accordance with legislation in force at any time, which are prescribed for the IT system and apply to the already existing functions, available to the User, ie downloadable via the Internet. If the User downloads the App, the installation of the displayed Updates is the duty and responsibility of the User; the Service Provider excludes any liability for any damages arising from failure to do so. If the Service Provider develops an essentially necessary Update, the Service Provider shall perform the Updates automatically; the Service Provider excludes any liability for any damages arising from the automatic Updates.
The Company is the author and sole owner of the database available on the Platform, which qualifies as a collection of works. The Service Provider may use the whole or a part of the Platform exclusively for the Users only in accordance with the purpose of the Platform. Only the Company is authorized to use the database and to grant third parties permission to use the database. The Company does not allow the use of all or any part of the database produced by it on any Website or in any other way for any business purpose.
The Service Provider shall not be liable for any delay, delivery error, or any other loss or damage arising from data traffic between the communication networks, the GPS-technology used, and any equipment connected to these, or from any services used by the Product provided by third party service providers (such as weather forecasts).We are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge any services throughout this Platform may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
If the User notices an interruption, error or malfunction, the User is obliged to notify the Service Provider without delay after its discovery. The User is responsible for the damage resulting from the delay of the communication. The costs related to the correction of the error shall be borne by the Service Provider. If the failure of the User's maintenance obligation, ie the download of the Updates, may have contributed to the failure of the App, the User shall bear the costs incurred while correcting the error, ie performing the Service Provider's warranty obligation, and the associated damages in proportion to its impact.
The Service Provider excludes any liability for any damages arising from inaccurate, incorrect or false data provided by the Users when purchasing a Device or using the Platform. The Platform automatically ensures the identification and the possibility to correct any errors made by the User during the recording of the data before finalizing the personal information provided data, either during the Registration or during the saving of the subsequent changes made to the personal information.
The Service Provider excludes any liability for any and all damages arising from deleting any content uploaded by the User to the Platform due to the User's violation of these General Terms or any relevant legislation, or in order to prevent any such violations.
The User is responsible and warrants the lawful and proper use of the Platform. If the User causes damage to the Service Provider while using the Platform - especially in connection with the violation of these General Terms, the User shall be fully liable for such damages. The Service Provider completely excludes anys liability for the damage caused by the User to third parties using the Platform and the User is obliged to fully reimburse the damages caused by the User.
As the User, you may publish visual content on the Platform. The User who publishes the content is fully responsible for the content published by that User on the Platform, including for the damages caused by the content or otherwise incurred in connection therewith. The Company is not responsible and does not assume any responsibility for these contents or their lawfulness, and the User shall be liabe instead of the Company before a third party or any authority.
It is forbidden to display content on the Platform and to specifically upload images or if possible texts that:
is against the law
commits a crime,
it is against good morals
infringes the rights or legitimate interests of others, in particular their copyright, or good reputation, or
contains misleading information.
The User has the right to notify the Company if there is any content on the Platform that violates the law, is misleading or otherwise infringes the rights or legitimate interests of others, or for other reasons may be necessary to remove. The Company will, if justified, take action to remove the content concerned within 8 days of the notification.
The User agrees to grant the Company the right to use any pictures, photos and/or text (eg product photo, sailing photos) uploaded to the Platform simultaneously with the upload, free of charge for an indefinite period of time, free of territorial restrictions, transferable to third parties. The Company is entitled to use, reproduce, alter or transfer the uploaded content, in whole or in part, or to use it in any other known way, without any territorial or temporal restrictions, within the framework of its right of use. The User expressly waives any due fees at the same time as uploading the content by accepting these Terms and Conditions.
The Company is entitled, but not obliged, to archive any Content uploaded by the User to or on the Platform, unless required by law.
If you have any questions or comments during or about the use of the Platform, please write to us at firstname.lastname@example.org. The Service Provider will start processing your request within 48 hours of receiving the request and will respond to it no later than within 30 days.
In connection with the use of the Product, the User and the Service Provider shall notify each other electronically. In the absence of confirmation, the notification sent by or to the User and/or the Service Provider shall be deemed to have been delivered one day after its sending. The User and the Service Provider separately but mutually acknowledge that the e-mails sent by them and their content are binding on them.
Users based in Hungary may launch a consumer complaint related to the Device and the Platform, under the Hungarian Consumer Protection Act (Act CLV of 1997) and initiate the proceedings of the conciliation body (https://www.bekeltetes.hu/index.php?id=testuletek) at their place of residence. Concerning electronic advertisements, the proceedings of the communications authority may be initiated. Contact details of the Office of the National Media and Communications Authority; mailing address: 1525 Budapest, Pf., 75; email@example.com.
If the User wishes to conduct and settle a consumer dispute online, the User can do so via the online dispute resolution platform at https://ec.europa.eu/odr, where the Service Provider's e-mail address is firstname.lastname@example.org.
The User and the Service Provider shall endeavor in good faith to resolve any legal disputes related to this contract in an amicable manner.
The Service Provider reserves the right to transfer the manufacturing and/pr the distribution of the Device, and/or the ownership, operation or maintenance of the Platform to a third party in the event of a liquidation, sale, merger, bankruptcy, provided that such third party accepts these Terms and Conditions as binding on it.
In the event of a discrepancy between the Hungarian and English versions of these General Terms, the text of the Hungarian provision shall prevail.
In matters not regulated by these General Terms, the relevant provisions of Hungarian law, in particular the provisions of Act V of 2013 on the Civil Code, shall apply.
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