TERMS OF SERVICE
TERMS OF SERVICE EFFECTIVE DATE: JULY 3, 2018 Welcome to OptimoCamino.com (together with its mobile applications, collectively «OptimoCamino»).
By accessing, using, or registering for a User Account (as defined below) with OptimoCamino in any way, you acknowledge that you have read and agreed to these Terms of Service (the «Terms») in full and without modification. The following terms and conditions govern all use of the OptimoCamino website and all content, Services and producís available at or through the website, ¡OS and Android apps unless you have a written agreement in place with us covering such use in which event the written agreement shall take priority. These Terms serve as a binding contract between you and CloudingSoft. (the «Company») regarding your use of OptimoCamino. You further agree to be bound by
OptimoCamino’s Privacy Policy, which is incorporated herein by reference and may be accessed on OptimoCamino.As used in these Terms, the words «you» and «your» refer to you personally or, if you access OptimoCamino on behalf of a company or entity, that company or entity. The Company reserves the right to revise these Terms at any time by updating this document. Upon such update, you will be alerted to the change through a notification within OptimoCamino. By continuing to use OptimoCamino after such notification, you agree to be bound by the most recent versión of the Terms.
Titularidad del portal
En atención al cumplimiento con lo establecido en la Ley 34/2002, de 11 de Julio, de servicios de la sociedad de la información y de comercio electrónico, a continuación se indican los datos de información general de la empresa:
NOMBRE COMERCIAL: OptimoCamino DENOMINACIÓN SOCIAL: CloudingSoft SRL DOMICILIO SOCIAL: Av. Angel Gallardo 951 (Buenos Aires) TEL: +5411 4855 8203
CloudingSoft SRL es una sociedad de Responsabilidad Limitada, constituida en Buenos Aires y representada legalmente por la marca OptimoCamino®. CloudingSoft SRL el titular del dominio optimocamino.com (en lo sucesivo, el PORTAL), que pone a disposición de los usuarios de internet, con el fin de proporcionar información sobre los servicios, productos y actividades ofrecidos, así como permitir la prestación de determinados servicios a través del propio PORTAL, denominados “on-line”. Asimismo las aplicaciones mobiles disponibles para sistemas Androides y IOS.
1 .Use of OptimoCamino
(a) Subject to your compliance with these Terms and your maintenance of a User Account, the Company grants you a non-exclusive, non-sublicenseable, revocable, limited license to use OptimoCamino. You acknowledge that the Company maintains all right, title, and interest in and to OptimoCamino and its Intellectual Property (as defined below)
(b) In order to use OptimoCamino, you must be at least 18 years of age. If you access OptimoCamino on behalf of a company or entity, you personally represent that you have the requisite authority and agency to bind such company or entity to these Terms.
(c) You agree not to use OptimoCamino if it is prohibited or restricted by law in your location.
(d) OptimoCamino is subject to change at any time. Further, we may discontinué providing OptimoCamino at any time. We may restrict your access to OptimoCamino at any time without notice and for any reason, including (but not limited to) your:
1. violation of these Terms;
ii. activity which could be deemed ¡Ilegal or unlawful in any jurisdiction;
iii. misuse of Intellectual Property or the violation of the rights of any third party;
iv. misuse or disruption of the OptimoCamino servers or networks; or
v. nonpayment or late payment for Subscriptions.
2. User Account and Subscriptíon
(a) OptimoCamino requires users to register for accounts (each a «User Account») in order to access all of the features. User Accounts may not be shared except for as provided in the User Account signup instructions on OptimoCamino. You agree to keep your User Account login ¡nformation confidential and not to share the account with any other person other than as expressly permitted.
(b) OptimoCamino offers subscriptíon access at the price listed on the registration, signup, or pricing page of OptimoCamino, with such price billed automatically on a once-per-month basis, unless otherwise expressly indicated (each such month a «Term») to the credit card or payment ¡nformation you have on file with the Company (the «Subscriptíon»), The Subscriptíon may inelude a free trial. After the completion of the free trial, your Subscriptíon and your User Account will termínate unless you elect to continué with a paid Subscriptíon.
(c) By purchasing a Subscriptíon, you agree to pay in full all fees (whether initial or recurring) indicated on the corresponding registration or signup page on OptimoCamino. Your Subscriptíon (other than free trial subscriptions) will automatically renew at the then-current rate for another Subscriptíon period equivalent to your initial Subscriptíon period. If neededYou authorize the Company to charge your credit card or other payment ¡nformation for all Subscriptíon fees. Subscriptions may be billed through the use of third party payment Processing Services («Processors») utilized by the Company. The Company and the Processors may receive updated credit card ¡nformation from your credit card issuer or bank.
(d) You may cancel your User Account and Subscriptíon at any time by following the instructions in OptimoCamino. The Company may cancel your User Account Subscriptíon at any time and without notice pursuant to these Terms. Upon such cancellation, (i) your obligations under the subscriptíon will cease and no further payment will be due by you, and (ii) no refunds shall be due for previous payments.(e) The Company reserves the right to refuse to provide a User Account or Subscriptíon to any person for any reason.
(f) Once terminated, we may permanently delete your account and all the data associated with it. If you don’t log in to your account for 3 or more months, we may treat your account as «inactive» and permanently delete the account and all the data associated with it. To cióse your account, please email us at info@OptimoCamino.com
(g) All prices posted within OptimoCamino are in United States denominations unless expressly designated otherwise. Prices and availability are subject to change any time and without notice. The Company endeavors to provide accurate ¡nformation but is not responsible for typographical errors or inaccuracies that may be found on OptimoCamino.
weather, and emergeney conditions may change quickly. You agree to be solely responsible for your reliance on OptimoCamino’s Services.
3. Route Planning
(a) OptimoCamino’s is designed to provide you with accurate and efficient logistics planning tools. However, OptimoCamino makes no guarantees as to the quality or accuracy of any of the Services provided.
(b) You agree to use due caution when planning routes and driving and acknowledge that OptimoCamino’s suggested routes may not
be safe or passable. Traffic, weather, and emergeney conditions may change quickly. You agree to be solely responsible for your reliance on OptimoCamino’s Services.
(c) Under no circumstance will OptimoCamino be responsible for improper logistics time estimates or routes. Estimates are approximate and not exact
4. Intellectual Property
(a) You acknowledge that all patents, copyrights, trademarks, trade secrets, ideas, technical ¡nformation, user interfaces, designs, and processes (collectively, «Intellectual Property») used within or in connection with OptimoCamino are property of the Company or its respective third party licensors. No license, assignment, lease, or sale of Intellectual Property has been offered to you. You agree not to use any of the Intellectual Property associated with OptimoCamino or Company, or derivatives thereof, including the ñame «OptimoCamino» or the OptimoCamino logo for any purpose other than those expressly permitted by these Terms. The Company reserves all rights in and to the Intellectual Property.
(b) In the course of using OptimoCamino, you may upload data, location ¡nformation, text, photographs, videos, or other ¡nformation to OptimoCamino (collectively «User Content»), You are solely responsible for any User Content you post.
(c) You hereby grant to OptimoCamino a worldwide, non- exclusive, royalty free, irrevocable license to use, reproduce, display, distribute, and sub-license your User Content or any derivatives thereof for the purposes of providing or improving OptimoCamino or the Company’s offerings. The Company is under no obligation to credit you for User Content.
5. Limitation of Damages and Indemnification
(a) In no event will the Company or its shareholders, directors, officers, employees, or affiliates (collectively, «Affiliates») be Hable to you or any third party for any special, incidental, indirect, punitive or exemplary or consequential damages, or damages for loss of business, loss of profits, business interruption, or loss of business ¡nformation arising out of the use or inability to use OptimoCamino or any of its Services or for any claim by any other party, even if the Company has been advised of the possibility of such damages. Without limiting the generality of the foregoing, in no event will the Company’s total aggregate liability to you exceed the total sum of your payments to the Company during the 12 months immediately preceding any claim. You agree to use OptimoCamino solely at your own risk.
(b) The Company uses commercially reasonable efforts to make OptimoCamino available with the máximum amount of uptime possible. However, the Company shall not be held responsible for interruptions, delays, or stoppages in availability of any portion of OptimoCamino.(c) You agree to indemnify and hold the Company, its subsidiaries, parents, and affiliates, and its and their owners, officers, agents, partners and employees, harmless from any loss, liability or claim, made by any third party due to or arising out of your breach of or failure to comply with these Terms, your use of OptimoCamino, and your violation of any statute, regulation, ordinance, code, or agreement.
6. No Warranties
(a) OptimoCamino is provided without any warranties of any kind, whether express or implied, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, non-infringement, integration, accuracy, or quality. You acknowledge and
agree that OptimoCamino may not meet your requirements or expectations, may not run properly or efficiently on your device, and may not be free of bugs or defeets.
7. Additíonal Terms
(a) The Company may provide you with promotional, informational, or administrative messages regarding the Company or OptimoCamino via email or SMS/text message. You hereby expressly consent to receive such messages, and further consent that by typing your ñame when registering for OptimoCamino, that you have electronically signed your ñame agreeing to such.
(b) These Terms, coupled with the Privacy Policy incorporated herein by reference, comprises the complete and entire agreement between you and the Company regarding the use of OptimoCamino and any Services of the Company. If any provisión of these Terms is held invalid, the remainder of these Terms shall continué in full forcé and effect to the máximum extent allowed by law.
(c) Neither party’s failure or delay in exercising any right, power or privilege under these Terms shall opérate as a waiver, ñor shall any single or partial exercise of any right, power or privilege preelude the exercise of any other right hereunder.
(d) You may not assign these Terms without the express written permission of the Company. The Company may assign these Terms in the case of a merger, sale or reorganization of the Company or its assets.
(e) We welcome your feedback and questions. You may contact the company via email at info@OptimoCamino.com
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