TERMS OF USE

Please read these Terms of Use carefully before using Our Service.


Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.


Definitions

For the purposes of these Terms of Use:

  • App Installation” means an installation by You of the Application on a Device.
  • Application” means the software program provided by the Company downloaded by You on any electronic device, named RoutePilot.
  • Application Store” means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
  • Affiliate” means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Company” (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Spidersphere Ltd. (Registered Company Number 111337087), registered at Melrose, Westbrook Road, Godalming, Surrey, UK, GU7 2QH.
  • Country” refers to United Kingdom.
  • Content” refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
  • Device” means any device that can access the Service such as a computer, a mobile device or a digital tablet.
  • Feedback” means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
  • Plotaroute” means the route planning application provided at www.plotaroute.com.
  • Plotaroute Premium Membership” means a Premium level account with Plotaroute.
  • Premium Service” means features of the Service that are subject to an additional charge or are conditional on Premium membership of Plotaroute, which may vary from time to time.
  • Premium Subscription” means a payment arrangement that provides You with access to the Premium Service in exchange for a fee paid by You via an Application Store at a recurring interval specified to you at the time of purchase.
  • Remote Services” means services provided by the Application that depend on connections to remote computers, including downloading of maps, interacting with Plotaroute and installation of software updates to the Application.
  • Route” means a continuous series of geographical locations, along with related data such as elevation readings and waypoint information, that define a route from one location to another, which may also be the same location.
  • Saved Routes” means Routes recorded or imported by You using the Application and saved on your device.
  • Service” refers to the Application, Website and associated services such as technical support.
  • Subscription Code” means a gift card, pre-paid offer, or other offer provided or sold by or on behalf of the Company for access to a Premium Subscription.
  • Terms of Use” (also referred as "Terms") mean these Terms of Use that form the entire agreement between You and the Company regarding the use of the Service.
  • Website” refers to the RoutePilot website, accessible at www.routepilot.com
  • You” means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable

 

Acknowledgment

These are the Terms of Use governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms of Use. These Terms of Use apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms of Use. If You disagree with any part of these Terms of Use then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

 

Content

Posting Content

Our Service allows You to connect the Application to an account at Plotaroute and subsequently to post Content (“Saved Routes”) to Plotaroute. You are responsible for the Content that You post and any such interaction with Plotaroute is subject to the Terms of Use of Plotaroute. You expressly understand and agree that You are solely responsible for the Content, whether posted by You or any third person using your App Installation.

Content Backups

The Company does not guarantee there will be no loss or corruption of Content stored by the Application and you should include the data in regular backups of your device.

You acknowledge that the Company has no liability related to the integrity of Content or your failure to successfully restore Content to a previous state.

 

Access to Premium Service

You may access the Premium Service by either of the following:

a) Purchase a Premium Subscription via an Application Store;

b) Purchase Plotaroute Premium Membership and connect the Application to your Plotaroute Premium Membership account.

Tax rates are calculated based on the information you provide and the applicable rate at the time of your monthly charge.

If you purchase access to a Paid Subscription through Plotaroute, separate terms and conditions with Plotaroute will apply to your use of the Service in addition to these Terms.

If you purchase a Premium Subscription using a Subscription Code, you hereby agree to these Terms.


Subscription Price and Tax Changes

We may from time to time change the price for Premium Subscriptions and will communicate any price changes to you in advance on reasonable notice. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, by continuing to use the Service after the price change takes effect, you will have accepted the new price. If you do not agree to a price change, you can reject the change by unsubscribing from the applicable Premium Subscription prior to the price change going into effect.

Tax rates are based on the rates applicable at the time of your monthly charge. These amounts can change over time with local tax requirements in your country, state, territory or even city. Any change in Tax rate will be automatically applied based on the information you provide when making the purchase.


Subscription Renewal and Cancellation

Your payment for a Premium Subscription will automatically renew at the end of the applicable subscription period, unless you cancel your Premium Subscription with the Application Store before the end of the then-current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the free version of the Service. We do not provide refunds or credits for any partial subscription periods, except as expressly stated in these Terms.

If you have purchased a Premium Subscription using a Subscription Code, your subscription will automatically terminate at the end of the period enacted by the Subscription Code.

You agree you have fourteen (14) days after your purchase a Premium Subscription to withdraw for any reason and must pay us for the services provided up until the time you tell us that you have changed your mind. You expressly consent to us providing you with the Service immediately following your purchase, that you lose your right of withdrawal, and authorise us to charge you automatically each month until you cancel.

 

Acceptable Use Policy

You agree to abide by our Acceptable Use Policy as defined in this section of the Terms.

You may not use the Service:

  • In any way that breaches any applicable local, national or international law or regulations;
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  • For the purpose of harming or attempting to harm minors in any way;
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material, junk mail, chain letters or any other form of similar solicitation (spam);
  • To knowingly transmit any data, send, upload or post any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware or telecommunications equipment;
  • To impersonate any person or entity or falsely state or otherwise suggest your affiliation with a person or entity;
  • To extract, collect, process, combine or store personal data about other users of the Service;
  • To use any automated process that abuses the Service, such that it is not being used in the way it was designed to be used;
  • To attempt to impersonate another user of the Service;
  • To sell or otherwise transfer your Premium Subscription; or
  • To access without authority, interfere with, damage or disrupt:
    • any part of the Service;
    • any equipment or network used by the Service;
    • any software used in the provision of the Service; or
    • any equipment or network or software owned or used by any third party connected with the Service.

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of the Service in contravention of the provisions of our Terms of Use.
  • Not to use the Service in any way that seeks to evade charges for the Premium Service.

 

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company. RoutePilot and Wayranger are registered trademarks of the Company.


Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.


Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.


Termination

We may terminate or suspend your access to Remote Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms of Use.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate your use of the Service, you may simply uninstall the Application from your Device.


Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.


"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.


Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.


Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.


Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.


Changes to These Terms of Use

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Website and the Service.


Contact Us

If you have any questions about these Terms and Conditions, You can contact by visiting this page on our website: www.routepilot.com/contactus

 

Revision History

Our Terms of Use were last updated on 1st February 2023.

No revisions have yet been made.

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