Terms and conditions

1. General - Welcome to puntalo!
1.1 The puntalo services including the puntalo application (together "puntalo") offered at puntalo.com (the "Site") allow You to track Your mobile device. puntalo is provided by Puntalo GmbH, Reichsstr 92a, 14052 Berlin, Germany, registered at Amtsgericht Berlin-Charlottenburg, commercial registry number HRB 124022 B ("Puntalo GmbH" or "we"). Before using puntalo, You should carefully read these terms and conditions (the "Terms"). By using puntalo, You confirm that You agree with these Terms.

1.2 You can access these Terms at any time at puntalo.com/terms-and-conditions. You can print these Terms using the print function of Your internet browser, or You may save them on Your computer.

1.3 The Site is available in different languages. The applicability of these Terms depends on the language You choose. For example, if You choose to use the English version of the Site, then the English version of these Terms applies.

1.4 We may change these Terms in order to comply with legal requirements or to cover changes of functionality. If we change these Terms in any way to Your disadvantage, we will notify You by posting the amended terms on the Site and by sending You a notice. Such amendment to the Terms shall be effective automatically 30 days after You have been notified, unless You disagree by sending us a notice within six weeks after receipt of our notification. We will advise You again of Your right of disagreement within our change notification. If You disagree, we will continue to provide puntalo at unchanged conditions. However, we reserve the right to terminate this agreement with immediate effect if You use a free account or with effect as of the end of the then running term if You have purchased a Premium Plan.


2. Your account, password and password security
2.1 In order to use puntalo, You need to set up an account. During the registration process, You will be asked to provide Your email address and a password, and by providing such, You make a binding offer regarding the usage of a puntalo free account. At the same time You agree to be responsible for all activities occurring under Your account. You will also be responsible for keeping Your password secure and confidential. Do not use others' accounts and do not let others use Your account. You are responsible for anything that happens through Your account.

2.2 The agreement between You and Puntalo GmbH is made either (a) when Puntalo GmbH confirms to You that Your account was set up or (b) if You receive an email from Puntalo GmbH which contains a confirmation link, once You click on the link or (c) when the respective puntalo features have become accessible to You, whichever is earlier.

2.3 You will receive instructions regarding the download and the installation of the puntalo application to Your mobile device. Please note that standard operator WAP/GPRS/UMTS charges apply for the internet traffic between puntalo and Your phone. After the installation of the puntalo application, You will be asked to provide Your log in data and Your name or the telephone number (MSISDN) of the phone on which the application is installed. Finally, puntalo will verify the internet connection of Your phone. You are now able to use the basic functions of puntalo for free. There is an overview of all free functions available at the features section of the Site at puntalo.com/features.


3. Premium features & payment
3.1 Premium features are subject to payment of the respective fees (the "Fees"). We offer different payment plans which You can find in the pricing section of the Site at puntalo.com/pricing (the "Premium Plans"). Our prices include the applicable value added tax as well as all other price components except standard operator WAP/GPRS/UMTS charges which apply for the internet traffic between puntalo and Your phone. When You confirm Your order, You make a binding offer regarding the usage of the particular Premium Plan You selected. By making the offer, You authorize Puntalo GmbH to collect the amount payable for the Premium Plan You selected using Your chosen payment method. We reserve the right to accept or reject Your offer. The agreement about the chosen Premium Plan between You and Puntalo GmbH is made when the payment transaction is successfully completed. We will send You a notification email. In some cases, this email will contain a confirmation link. If so, You need to click on the link in order to activate Your access to the Premium Plan. If the email does not contain a confirmation link, Your Premium Plan is accessible already upon receipt of the email.

3.2 Payment can be made using any of the payment methods indicated on the Site at the time of Your order, for example by using one of our accepted credit cards or online payment methods. You will be asked to provide Your payment information, e.g. in case of credit card payment Your credit card provider, Your credit card number, the expiration date of Your credit card and Your credit card security code. All Fees will be charged to Your account immediately upon confirmation by Your payment or credit card provider and the premium features will become accessible to You. Your account or credit card statement will show "puntalo.com / Berlin".

3.3 You can see the conditions of Your Premium Plan in the control panel section of the Site.

3.4 You agree to pay all fees charged to You by Puntalo GmbH in accordance with these Terms. Payment is made in advance for the minimum term chosen by You as well as for all renewal terms (if applicable). If You fail to pay any fees when due, we reserve the right to suspend Your use of puntalo or to terminate this agreement entirely. Furthermore, we reserve the right to pursue any and all legal remedies under applicable law to collect the amounts owed by You, and to use third parties to do so.


4. Limitation of services
4.1 You acknowledge and agree that puntalo provides an approximate location of the requested handset and does not provide guaranteed results. In order for puntalo to work, the wireless device on which the puntalo application is located must particularly be turned on, charged and must have access to the internet. Accuracy of the location information obtained via puntalo is subject to handset capabilities, network capabilities, environmental conditions such as structures, buildings, weather, geography, landscape, and topography, available data, atmospheric conditions and other factors capable of influencing or interfering with the use of wireless networks, satellites and satellite data. By entering into this agreement, You acknowledge the results You may obtain from puntalo, including but not limited to directions, maps, and requested locations or messaging, may not be accurate, timely or reliable.

4.2 While we do our best to provide puntalo to You, we do rely on the performance of third parties as well as infrastructure controlled and/or devices produced by third parties such as for example the internet, mobile devices etc. To the extent we have no control over these third parties, and we have no influence on the quality of their products and the availability of their infrastructure and services, we cannot ensure the constant and uninterrupted availability of puntalo and the timely transmission of information. Furthermore, we may have to suspend the access to puntalo temporarily for the purpose of maintenance.

4.3 Subject to sections 4.1 and 4.2 above, puntalo is provided on a seven days a week and 24 hours per day basis at an availability of 98% per month. This percentaged availability is determined on a minute-by-minute basis. Additionally, we do reserve the right to use up to two hours per month for the purpose of maintaining the puntalo service whereas we will use commercially reasonable efforts to minimize the effects on the availability of puntalo. When determining the monthly availability of puntalo, periods of unavailability due to the following reasons will remain out of consideration:
(a) Your failure to comply with the technical requirements of puntalo such as for example malfunctions of Your hardware;

(b) failures, malfunctions and unavailability of data networks such as the internet or the mobile networks or unavailabilities which are due to acts or ommissions within the sphere of responsibility of those companies operating such data networks;

(c) force majeure (German: "höhere Gewalt") such as for example electrical power outages outside of Puntalo GmbH’s sphere of inluence

(d) maintenance periods (limited to two hours per month).


5. License
Provided You comply with all terms and conditions of this agreement, You are granted the limited, non-exclusive, revocable and non transferable right to use puntalo including the puntalo application and the Site for the purpose of using puntalo in accordance with this agreement. We expressly reserve all other rights. You agree that puntalo is made available solely for Your personal and non-commercial use. Unless otherwise specified herein or expressly agreed to in writing by Puntalo GmbH, You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, lease or sell any information, software, products or services obtained from Puntalo GmbH. All rights in the puntalo service not expressly granted under this agreement are reserved by Puntalo GmbH.


6. Your obligations
6.1 As user of puntalo, You are obliged to and You warrant that
(a) any and all information provided by You is accurate and complete;

(b) You respect these Terms, any and all rights of third parties as well as any and all applicable laws, and You will not do anything that could result in an infringement of applicable law, these Terms and/or any third party rights. This includes, but is not limited to,
* Using puntalo in such as to interfere with the use of puntalo by other users or to interfere with Puntalo GmbH's ability to provide the service;
* Subscription fraud or unauthorized access;
* Using puntalo to defame, harass, stalk, threaten or otherwise violate the legal rights of others;
* Using puntalo to disseminate or convey inappropriate, defamatory, obscene, salacious, or unlawful information, images or materials;
* Using puntalo on handsets without the explicit consent of the bearer of such mobile device;
* Using puntalo on handsets and with SIM cards You do not fully own;
* Using puntalo without permission on a stolen or lost device;
* Attempting or assisting another to access, alter, or interfere with the communications and/or information about another user or wireless customer;
* Tampering with or making an unauthorized connection to the mobile network;
* Reselling or re-billing puntalo provided to any other individual or entity.;

6.2 Indemnification. You agree to indemnify Puntalo GmbH in accordance with applicable law for breaches of Your obligations under these Terms.


7. Privacy and consent to data collection; Notices; Links
7.1 The use of puntalo requires the collection, use, and disclosure of the geographic location of the handsets on which the puntalo application is installed as well as other personal information (including Your name, address, telephone number, account number, equipment identifiers and Internet Protocol addresses). By using puntalo, You authorize us to collect, use and disclose this data as necessary to enable delivery of the puntalo service. For further information about our policy and practices regarding the collection and use of Your personally identifiable information, please read our Privacy Policy located at puntalo.com/privacy-policy. In no event will we transmit Your personal identifiable information to third parties except with Your consent or as otherwise legally permitted.

7.2 You consent to receive all communications, including notices, agreements, legally required disclosures or other information in connection with puntalo (collectively, "Notices") in electronic format. Puntalo GmbH may provide such Notices by posting them on puntalo's website, by sending a free text message to Your wireless device, by downloading such Notices to Your wireless device, or via email. If You desire to withdraw Your consent to receive Notices, You must discontinue Your use of puntalo. In no event will we send Notices except with Your consent or as otherwise legally permitted.

7.3 We may display links on the Site which direct You to sites of other providers. We have no control over the contents and the design of such sites, and therefore, we do not accept any responsibility for such sites. If we become aware that any such sites are not in accordance with applicable laws and/ or regulations, we will remove the links to such infringing sites.


8. Limitation of liability
In accordance with applicable law, Puntalo GmbH will only be liable as follows:
8.1 The liability of Puntalo GmbH is unlimited for damages (a) based on death or injury of a persons or damages caused to a person’s health, (b) resulting from grossly negligent or intentional behavior and (c) resulting from a breach of a guarantee given by Puntalo GmbH.

8.2 The liability of Puntalo GmbH for slightly negligent breaches of material obligations which are essential for achieving the purpose of the particular agreement and upon the fulfilment of which a contractual party is regularly able to rely is limited to the damages which are foreseeable for the particular type of contract.

8.3 In all other cases of slight negligence, the liability of Puntalo GmbH is limited to EUR 300,- (three hundred) per case of damage. We do emphasize that puntalo is not capable of preventing the loss of your mobile device or other consequences. In this context, it may make sense to obtain insurance coverage.

8.4 The strict liability as set forth in § 536 a (1) first subclause BGB (German civil code) for defects which already existed when the contract was made is excluded.

8.5 Sections 8.1 to 8.4 apply accordingly with regard to liability for useless expenses (German:"vergebliche Aufwendungen").

8.6 Claims based on the German product liability act (German:"Produkthaftungsgesetz") remain unaffected.

8.7 The limitations stated in sections 8.1 to 8.5 above also apply to the liability of vicarious agents of Puntalo GmbH, and regardless of whether a claim is based on contract or tort (§§ 823 ff. German Civil Code (German:"BGB").


9. Term & termination
9.1 Premium Plans run for the minimum period You selected at the time of the purchase. The term of a Premium Plan will automatically expire after the minimum period or renew by the same period depending on Your selection made either at the time of the purchase or at any time in the control panel section of the Site. You can terminate a Premium Plan at any time by opting out in the control panel section of the Site or by sending us a notice either using the support form which You find in the About Us section of the Site or by mail to our office address. We can terminate a Premium Plan at any time by sending You a notice. Such termination will become effective upon the expiry of the then running term.

9.2 Termination of a Premium Plan does not affect Your free account. Free accounts can be terminated by You or us with immediate effect by sending a notice. If, at the time of the termination, a Premium Plan is active, the termination will become effective upon the expiry of the then running term of the Premium Plan.

9.3 You may ask us at any time to delete Your account completely and immediately, however, in such case Puntalo GmbH will not refund any Fees. Any obligation of Puntalo GmbH to refund any Fees under mandatory law, e,g, in case of a breach of contract, shall remain unaffected.

9.4 The right of You and of Puntalo GmbH to terminate this agreement in accordance with German law with good cause remains unaffected.


10. Instruction about right of revocation
10.1 Right of revocation
You may revoke Your order within one month without giving any reason in text form (e.g. letter, fax, email). The period of one month commences upon Your receipt of this instruction in text form, however, not before this agreement is made, and not before we have fulfilled our information obligations according article 246 § 2 in connection with § 1 sections 1 and 2 EGBGB as well as our obligations according § 312g section 1 sentence 1 BGB in connection with article 246 § 3 EGBGB. To keep the period it is enough to send Your notice of revocation.
The notice is to be sent to:
Puntalo GmbH
Reichsstr 92a,
14052 Berlin,
Germany

10.2 Consequences of a revocation
If Your revocation is valid, both parties, that means we and You, have to refund to each other all services and benefits received under the agreement. If You cannot return the received services to us, or if You can return these services only in part or in deteriorated condition, You may have to compensate us accordingly, however, only to the extent that such deterioriation or use was caused by a use of the services beyond the "Examination of its properties and functions". "Examination of its properties and functions" means trying and testing the services as it is possible and common in, for example, a retail shop. This may lead to Your obligation to pay the agreed Fees despite Your revocation. Refunds have to be made within a period of thirty days. This period commences (a) for You once You have sent the revocation notice and (b) for us upon receipt of the revocation notice.

10.3 Expiration of the revocation right
Your right of revocation expires, if, at Your express request, our agreement is fulfilled by You and us before You have made use of Your right of revocation.


11. Miscellaneous
11.1 These Terms as well as any use of puntalo shall be governed by German Law, excluding international private law and the provisions of the United Nations Convention on Contracts for the International Sale of Goods that have been adopted by German Law.

11.2 If You are a businessman (German: "Kaufmann") and not a consumer as defined in section 13 German Civil Code ("BGB"), or a juristic body under public law or a special fund under public law, or if Your permanent residence is not in Germany, the exclusive place of jurisdiction shall be at the place of business of Puntalo GmbH in Berlin.


Last Update: 16 September 2011
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