ArrivedOK Terms of Service
1. ACCEPTANCE OF ARRIVEDOK TERMS OF SERVICE.
By using ArrivedOK (the "Service") you agree to these Terms of Service (TOS).
You understand that we are continuously developing features and functionality of the Service. We reserve the right to update and change these Terms of Service and all documents incorporated by reference without any prior notice to you.
The TOS and the relationship between you and ArrivedOKmobi Inc.(the “Company”) shall be governed by the laws of the Texas, USA, and you submit to the exclusive jurisdiction of the courts located in Austin, Texas, USA.
2. GENERAL CONDITIONS
In consideration of your use of the Service you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the Service's registration form; (b) keep your password secure and confidential. You are fully responsible for all activities that occur under your password screen name or account.
You must not use any information obtained from the Service to abuse, harass, threaten, impersonate or intimidate Service’s users or other people. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with the laws of the United States and all local laws that may be applicable to you regarding online conduct and acceptable content.
Company cannot and will not be liable for any loss or damage arising from your failure to comply with these TOS.
You agree with the Payment Terms set forth herein.
You accept that you will have to pay for any and all network data charges (including but not limited to your Internet access charges and SMS message charges) that may be incurred when you use the Service.
You understand and agree that SMS notifications sent to your recipients arising from your usage of the Service may incur mobile terminated SMS charges imposed on the recipients by their mobile network operators.
Please note that SMS delivery is not guaranteed by the GSM technical specifications, so ArrivedOK cannot possibly be responsible for the delivery of SMS to your recipients.
You agree to follow recommendations given in sections Important Things to Know About Your ArrivedOK Messages and F.A.Q of the Service’s web site http://www.arrivedok.mobi/en/help.do. Company will not be liable for errors in the Service (including but not limited to sending ArrivedOK messages to your recipients whereas you are not at your destination) caused by incorrect data input by you when creating a tracking record as well as your deliberate or unintended actions that can potentially disturb Service tracking procedure (e.g. leaving your mobile phone switched on during the flight).
Furthermore, the Service may fail or be provided improperly for reasons being out of control of Company (including but not limited to failures in GSM networks). In any such event Company liability will be limited to reimbursement of credits taken from your account in connection to the failed Service back to your Service account.
In the future, Company may display and send to you targeted advertisements on or through the Service. In addition to the TOS, additional terms and conditions may apply to your accepting (opting-in to) such advertisements in which case those additional terms and conditions will be added to the ArrivedOK web site http://www.arrivedok.mobi/en/.
3. PAYMENT TERMS
You are offered several pre-paid packages to choose from. The pre-paid packages differ by the Payment Terms, which comprise the number of credits convertible to treckinges, SMS, email messages and blog post you may send to your recipients through the Service ("ArrivedOK messages"). The amount you are to pay will depend upon which kind of package you choose.
The current fee for the package you have selected will automatically be charged to your payment instrument (e.g. your credit card) or account on the date that you click on the "Purchase" button in the ordering process.
Please note, payment for service packages is non-refundable.
The paid amount will be credited to your Service account stored in ArrivedOK system in the form of credits. The Service fees are also calculated in credits and cover: (i) tracking fee and (ii) sending ArrivedOK messages to your recipients. Each time the Service performs tracking and/or sends ArrivedOK messages, your Service account will be debited by subtracting credits. The Service fee arising from a single tracking depends on: the number of ArrivedOK messages sent per your tracking record; types of these ArrivedOK messages (SMS, email, blog post); destinations (countries and mobile operators) where the SMS messages are terminated;
As the tracking utilizes paid services provided by GSM network operators, tracking fee applies to every successful tracking attempt even if ArrivedOK messages are not delivered to you recipients. If tracking fails, no charge will be taken for tracking or sending ArrivedOK messages, except when tracking failure is caused by invalid tracking information you have supplied to Service (such as but not limited to wrong phone number to track) or circumstances preventing correct tracking (including but not limited to significant flight delay, flight landing in different airport due to bad weather conditions). In such cases only tracking fee will be taken, ArrivedOK messages will not be sent and therefore will not be charged.
Payment will not be automatically renewed at the end of the Payment Term. You will be contacted in order to top-up your paid Service account prior to the end of your Payment Term, at which point you may elect to purchase a new pre-paid package.
Company claims no ownership or intellectual property rights over the Content that you upload to the Service. Any intellectual property rights in the material in your profile and in the uploaded Content belong solely to you (or your licensors). However, by uploading the Content to the Service, you grant Company a non-exclusive, royalty-free, worldwide, perpetual and irrevocable right to use, reproduce, modify, distribute, sublicense, and prepare derivative works of, such Content, in any format or medium now known or later developed, solely on and through the Service, subject to these Terms of Service. You represent and warrant that you have sufficient rights to grant this license. You can remove your profile at any time by deleting your account. This will also remove any text and images you have stored in the system.
The Service may make it possible to post images and text hosted on ArrivedOK web site as well as to outside web sites. Such use is acceptable. However, pages on other web sites which display data hosted on ArrivedOK web site must provide a link back to ArrivedOK web site.
5. LIMITATION OF LIABILITY
You use the Service at your sole risk. The Service is provided on an "as is" and "as available" basis. Company does not warrant or make any representations or warranties that the Service will meet your requirements; the Service will be uninterrupted, timely, secure or error-free; the results that may be obtained from the use of the Service will be accurate or reliable; the quality of any products, services, information or other material obtained by you through the Service will meet your expectations; and any errors in the Service's software and other software used in connection with the Service will be corrected.
You also understand that Company does not warrant or represent that the Service will work on all mobile phones, in all mobile phone networks and/or will be available in all geographical areas.
In addition to all other disclaimers and limitations of liability contained in the TOS, you specifically agree that Company is not liable for any of the above issues.
Company shall not be liable for any loss or damage, whether direct, indirect, special or consequential, arising out of the use of or the inability to use the service, or the results or the contents thereof, to the greatest extent permitted by law.
If you are dissatisfied with the Service, or have any other disputes or claims with or against Company with respect to the Service or the TOS, then your sole and exclusive remedy is to discontinue using the Service.
6. COMPANY'S RESERVATION OF RIGHTS
Company expressly reserves the right to immediately modify, delete content from, suspend or terminate your account and refuse current or future use of the Service at any time, for any reason, especially if Company, in its sole discretion, believes that you have: (i) violated or tried to violate the rights of others; or (ii) acted inconsistently with the spirit or letter of the TOS. ArrivedOK accepts no liability for information or content that is deleted. If, for any reason, your content or account is modified, suspended or deleted by Company you will not be entitled to any refund of any of the amounts you’ve paid for such account.
You agree to indemnify and hold harmless Company, and its subsidiaries, affiliates, officers, agents, or other partners, and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of and access to Company, your violation of the TOS, your violation of any rights of another person or entity, or your violation of any applicable laws or regulations.
8. COMPANY PROPRIETARY RIGHTS
You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to access the Service by any means other than through the interface that is provided by Company for use in accessing the Service. You agree not to modify, adapt or hack ArrivedOK web site or modify another web site so as to falsely imply that it is associated with Service.
Company takes your privacy seriously. ArrivedOK collects personal information when you register and use the Service. When you register we ask for information such as your nick-name, email address, mobile phone number, birth date, gender and personal interests. Company does not rent, sell, or share personal information about you with other people or companies except to provide products or services you've requested, when we have your permission, or under the following circumstances:
(i) Company responds to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims;
(ii) Company believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of TOS, or as otherwise required by law.
In the course of tracking information of your geographical location (with accuracy up to a city) becomes available to Company. Company does not share this information with other people or companies except for sending it to your recipients as per your tracking record.
Service may display targeted advertisements based on personal information. However, ArrivedOK does not provide any personal information to the advertiser when you interact with or view a targeted advertisement.