General Terms and Conditions and License Agreement
(hereinafter referred to as the “GTC”)

PLEASE READ THE GTC CAREFULLY BEFORE USING OR ACCESSING THE APPLICATION. WHO DOES NOT CONSENT TO THE GTC, MUST NOT USE THE APPLICATION AND MAY NOT ACCESS IT.

Article I.
Introductory provisions

1. The GTC governs the legal relations between True Services sro, IČO: 05536464, DIČ: CZ05536464, with its registered office at Papírenská 180/1, 160 00 Prague 6, entered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 264332, e-mail: watchy@lamax-electronics.com (hereinafter referred to as the "Provider") and those who use the LAMAX Tracking application (hereinafter referred to as the "Application")
2. Everyone who is interested in using the Application is obliged to register within the Application and create their account. Anyone who duly registers and creates their account (hereinafter referred to as "Registration") is hereinafter referred to as the "User".
3. By registering and using the Application, the User agrees with the GTC.

Article II.
User

1. Only those who have reached the age of at least 18 and have full legal capacity can register
2. The User is entitled to cancel the Registration at any time.
3. The User is a consumer if they are a natural person who does not act within the scope of their business activity, employment or profession when concluding and fulfilling the contract.
4. The User is obliged to keep their username and password for access to the account permanently secure and confidential. The Provider is not liable for any damages caused by the User providing access data to third parties, resp. misuse of access data.
5. The User agrees to maintain accurate, complete and up-to-date information provided while using the Application. Otherwise, the Provider is entitled to restrict or cancel access to the Application.
6. A sufficient data connection is necessary for the functionality of the Application. The User is responsible for their own risk and costs in gaining access to the data connection required to use the Application. The User is aware that connection to the data network may be subject to charges for its use. In addition, fees may vary from state to state. The amount of fees is governed by the contractual relationship between the User and the third party that provides the data connection for them.
7. The User acknowledges that the use of the Application may be charged. In such a case, the Provider will inform the User of this fact in advance. If the User does not agree with the change of the GTC or the fee, they may cancel the Registration at any time and uninstall and stop using the Application.
8. The User undertakes not to use the Service in such a way as to overburden the Provider's infrastructure or services related to the Application.
9. The User agrees and acknowledges that:

- by using the Application, they also use a service that allows monitoring the movement of persons or goods; locating their position, evaluating the monitoring process; generating a movement history based on the obtained data;

- neither the Application nor the Provider's service is a professional security surveillance service;

- the Provider does not provide a guarantee, nor is it responsible for the availability data on the location and the history of movement;

- the location data is transferred from the User's device to a server (data storage), where it is stored in a database;

- the Provider stores data on the server (data storage) for the User, as a rule, for a maximum period of 30 days from their acquisition; the Provider is not responsible for the accuracy of the data or their availability.

- a SIM card with a service supporting the respective data transfer method must be placed in the User's device;

- data transmission is usually realized via a third party mobile network using technologies supported by the device used to run the Application;

- data on location and history of movement depends on the availability of GPS, WiFi and GSM (LBS) signals, which the Provider does not provide and cannot guarantee their availability;

- the safety elements serve only for an indicative overview of the recorded position and the recorded history of movement;

- the Application can be continuously updated, some functions can be added, modified or removed, not only dependent on the development of new mobile devices and their operating systems; the Provider is not obliged to inform the User about these changes.

Article III.
License and service

1. All services provided by the GTC and in connection with the Application are provided as is, with all faults, and only if they are available.
2. Provided that the User complies with the GTC, the Provider grants him a limited, non-exclusive license (hereinafter "License") without the possibility of further sublicensing to access the Application and its use in the User's personal device exclusively in connection with the use of the Provider's services. Any rights not expressly granted herein are reserved to the Provider.
3. The license authorizes the use of the Application exclusively for personal non-commercial use.
4. Rights and licenses for further use of map materials are not part of the License or the Provider's services.
5. The User may not remove any copyright, trademark or intellectual property information from the Application; reproduce, modify, license, rent, sell, transfer, publicly display, publicly present, transmit, stream, broadcast, or use the Application in other ways than are authorized in writing and authorized in advance by the Provider; create derivative works from the Application; analyze or deconstruct the Application; attempt to gain unauthorized access to the Provider's services or related systems or networks, or to damage any aspect of these services and related systems or networks.
6. The Provider is entitled to terminate the License at any time and deny the User access to the Application, especially in the event of the User breaching the GTC.

Article IV.
Responsibility

1. The User acknowledges that all risk arising from the use of the Application is the sole responsibility of the User.
2. The Provider is not responsible and does not guarantee the functionality of the Application, nor the compatibility of the Application with the User's device.
3. The Provider excludes any declarations and warranties, whether expressed or implied, which are not expressly stated in the GTC. The Provider makes no declaration, guarantee or obligations regarding the reliability, timeliness, quality, functionality, suitability, security or availability of the Application, its services or any services related to the Application, or that such services will be provided continuously or error free.
4. The Provider is not liable for any damage (especially damage, including lost profits, loss of data, personal injury, or damage to property, health or life) in connection with the use of the Application, or its malfunction or with the use of services associated with the Application. The Provider is not liable for delays or non-performance of services, especially for a reason that is not under its reasonable control.
5. The Provider is not responsible in particular for outages, interruptions or termination of the Application or services related to it, especially due to unavailability of Internet connection, unavailability/interference of GPS/GSM signal or due to facts and circumstances on the part of the User, the User's device or third parties.
6. The Provider is not responsible for any costs incurred by the User in connection with the use of the Application and related services.
7. If the User believes that the Provider has violated any of its rights or requests the redress any potential misconduct by the Provider, has the right to contact the Provider in writing to the address of its registered office according to Article I., paragraph 1. of the GTC. In the case of fulfillment of the service, the rights arising from non-fulfillment are governed by Act No. 89/2012 Coll. Civil Code, and Act No. 634/1992 Coll., on consumer protection, while the deadline for handling complaints is 30 days. In the event of a dispute with the Provider, the User, who is a consumer, has the right to submit a proposal to initiate alternative dispute resolution to an ADR entity pursuant to Act No. 634/1992 Coll., on Consumer Protection, which is the competent financial arbitrator for disputes concerning financial performance. with extended powers and all other areas fall under the competence of the Czech Trade Inspection Authority (https://www.coi.cz/) or another authorized entity. For dispute resolution, the User, who is a consumer. may also use the online dispute resolution platform set up by the European Commission at http://ec.europa.eu/consumers/odr/.
8. The Provider is entitled to interrupt the operation of the Application at any time, especially due to system maintenance, system repairs, or technical equipment ensuring its operation.
9. The Provider is entitled to terminate the operation of the Application and the services associated with it at any time.

Article V.
Cookies

1. When using the Application, some information may be stored in the User's software or device in the form of a "cookie". Cookies are data, typically small text files, that websites store on the User's device and store certain information and settings.
2. Cookies allow the Application to function in the way the User is used to using it. For example, cookies allow you to customize the Application to better suit the User's interests and preferences, or to save their password so that they do not have to re-enter it every time they open the Application.
3. The user agrees to the collection of data and personal data through cookies.
4. If the User does not agree with the use of cookies, it is necessary to set the Application, in respect to your device, to delete, block and warn before storing cookies on the device. If the above measures are not possible for the User and the User does not agree with the use of cookies, they are obliged to uninstall and not use the Application.
5. The User acknowledges that the Application may not function properly or at all without the use of cookies.

Article VI.
Personal data

1. To create an account, the User provides the Provider with the following data: email address and password.
2. The purpose of providing the above data is the functionality of the Application and the functionalities associated with it.
3. The User is entitled at any time to request the Provider to delete all personal data provided to them, in writing to the address of the Provider's registered office.
4. The Provider undertakes not to provide any data about the User without their consent to third parties, except for those where this cooperation is required by law, a decision of a court or other public authority or a similar circumstance.
5. The Provider declares that as a processor of personal data provided to it in connection with the use of the Application, it will process such personal data in accordance with legal regulations, in particular Act No. 110/2019 Coll., on personal data processing and regulation of the European Parliament and Council (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC.
6. Personal data will be processed for the duration of the User's account, i.e. until the User cancels it together with their Registration. Subsequently, personal data will be handled according to the User's instructions and according to the valid legal regulation, especially Act No. 499/2004 Coll., on archiving and records service.
7. Unless the User chooses another option, they agree to the processing of personal data also for the purpose of sending information and business messages, even from a third party.
8. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.
9. The User confirms that the personal data provided is accurate and that they have been informed that this is a voluntary provision of personal data.
10. In the event that the User believes that the Provider is processing their personal data in violation of the law, they may ask the Provider for an explanation or request that the Provider correct the defect.
11. If the User requests information about the processing of their personal data, the Provider is obliged to provide this information. The Provider has the right to demand a reasonable payment for the provision of information according to the previous sentence, not exceeding the costs necessary for the provision of information.

Article VII.
The final provisions of the

1. The GTC as well as the rights and obligations arising from the License or arising from the use of the Application is governed by the laws of the Czech Republic.
2. The GTC is binding from the date of publication on the website of the Provider www.trueservices.eu/LAMAX_Tracking_gtc.pdf . The GTC is effective for the User from their registration or from the beginning of the use of the Application, if it occurred earlier.
3. The Provider is entitled to unilaterally change the GTC at any time by notifying the User of new GTC. By accessing the Provider's services and using the Application after publishing the changes, the User agrees with the changed GTC.
4. The User agrees that the Provider assigns or transfers its rights and obligations under the GTC, as well as from the License or the use of the Application in whole or in part to a third party.