UNITY

UNITY APP END-USER LICENCE AGREEMENT

AGREED

This end-user licence agreement (the 'Licence') is a legal agreement between you ('End-user' or 'you') and Heteronomy UK Limited, Autonomy Limited or any other company within the same group (known as 'Licensor', 'we', 'us') for the Unity mobile application (the 'App').

We license use of the App to you on the basis of this Licence and subject to any rules or policies applied by Apple's software distribution platform ('App Store') and Google's software distribution platform ('Play Store'), where the End-user downloaded the App ('App Store Rules'). We do not sell the App to you. We remain the owners of the App at all times.

Technical requirements

This App requires a modern smartphone updated to an appropriate recent operating system. GPS must be enabled to use the full functionality of the App.

Important notice

By downloading the App or clicking on the "Accept" button below you agree to the terms of this Licence which will bind you. The terms of this Licence include, in particular, the Privacy Policy included in the Schedule attached to this Licence, and limitations on liability in clause 6.

If you do not agree to the terms of this Licence, we will not license the App to you so you must uninstall the App or not download it.

You are only permitted to download the App on to your own device or a device where you have permission to do so (both, a 'Device').

The App is designed for commercial use and not for use by consumers.

Using the App

The App is intended to be used to collect (i) information from your device which is used to provide tracking information (such as location, speed, time stamp and orientation) relating to your vehicle that you agree to provide to us (this is done via your Device where you have installed our App and tracking is enabled) and (ii) information about your vehicle such as proposed future routes and destinations, vehicle capacity, vehicle locator, safety reports, connections to drivers, and key performance indicators.

The App is used to provide data to you, your employer and us. We cannot guarantee that this data will be accurate, up to date and complete at all times. A number of factors can impact on this such as whether the Device is switched on and is in the vehicle, whether GPS is enabled and/or available, network connectivity, data connectivity, network issues, bandwidth, and various other factors. Whilst we are working to provide the best possible service, you should be aware of the potential limitations of this technology.

You may retain or print a copy of this Licence for future reference.

  1. ACKNOWLEDGEMENTS
    1. The terms of this Licence apply to the App or any of the services accessible through the App (the 'Services'), including any updates or supplements to the App or any Service, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App or any Service, the terms of an open-source licence may override some of the terms of this Licence and you may also have to comply with the terms of those open sources licences to use the App.
    2. We may change these terms at any time by email notification or when you download a new version or upgrade of the App. The new terms may be displayed onscreen and you will be deemed to accept them if you continue to use the App or the Services.
    3. From time to time, updates to the App may be issued through the App Store or Play Store. Depending on the update, you may not be able to use the App or the Services until you have downloaded the latest version of the App and accepted any new terms.
    4. You accept that you can only use the App with a valid employee ID, which is unique to you. Using an employee ID which does not belong to you will be a breach of this Licence.
    5. You accept responsibility in accordance with the terms of this Licence for the use of the App or any Service on or in relation to any Device, whether or not it is owned by you.
    6. By using the App or any of the Services, you consent to us collecting and using technical information about the Devices and related software and hardware for Services that are internet-based or wireless to improve our products and to provide any Services to you.
    7. Services will make use of location data sent from the Devices. Location data will only be accessed by the App whilst you are logged in. You can turn off this functionality at any time by turning off the location services settings for the App on the Device, but the Service will not work
    8. Any words following the terms 'including', 'include', 'in particular' or 'for example' or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
  2. GRANT AND SCOPE OF LICENCE
    1. In consideration of you agreeing to the terms of this Licence, we grant you a non-transferable, non-exclusive licence to use the App on the Devices, subject to these terms, the Privacy Policy as set out in the Schedule and the App Store Rules, incorporated into this Licence by reference. We reserve all other rights.
    2. You may download copies of the App onto your Devices for business use of the Service.
  3. LICENCE RESTRICTIONS
    1. In general, we encourage you to download copies of the App on Devices for the purpose of accessing the Service, but we do not permit you to use the App or the software in the App to access or provide a separate service that is similar to the Service.
    2. Except as expressly set out in this Licence or as permitted by any local law, you agree:
      1. not to copy the App except where such copying is incidental to normal use of the App to use the Service, or where it is necessary for the purpose of back-up or operational security;
      2. not to translate, merge, adapt, vary or modify the App;
      3. not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs or to use it for services not provided by us;
      4. not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving interoperability of the App with another software program, and provided that the information obtained by you during such activities:
        1. is used only for the purpose of achieving inter-operability of the App with another software program;
        2. is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
        3. is not used to create any software that is substantially similar to the App;
      5. not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person other than through the App Store or Play Store; and
      6. to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service ('Technology'),

    together the 'Licence Restrictions'.

  4. ACCEPTABLE USE RESTRICTIONS
    1. You must:
      1. not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Licence, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system;
      2. not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service (to the extent that such use is not licensed by this Licence);
      3. not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
      4. not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
      5. not create an app or software that seeks to communicate with the Service including using the protocol used by the App;
      6. not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
  5. INTELLECTUAL PROPERTY RIGHTS
    1. You acknowledge that all intellectual property rights in the App and the Technology anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App or the Technology other than the right to use each of them in accordance with the terms of this Licence.
    2. You acknowledge that you have no right to have access to the App in sourcecode form.
  6. LIMITATION OF LIABILITY
    1. We only supply the App for commercial use. You agree not to use the App for resale purposes or for you to supply a service to third parties.
    2. We do not exclude or limit in any way our liability for:
      1. death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
      2. fraud or fraudulent misrepresentation;
      3. breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); and
      4. breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples).
    3. To the extent permitted by law, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    4. You recognise that we do not charge you for the App and due to the nature of the App (to the extent permitted by law) that we will not be liable to you under or in connection with this App (including your use of any Service) whether in contract, tort (including negligence) or otherwise. This does not apply to the types of loss set out in clause 6.2.
  7. TERMINATION
    1. We may terminate or suspend this Licence immediately by written notice to you:
      1. if you commit a material breach of this Licence;
      2. if you breach any of the Licence Restrictions or the Acceptable Use Restrictions outlined in clause 4.
    2. On termination for any reason:
      1. all rights granted to you under this Licence shall cease;
      2. you must immediately cease all activities authorised by this Licence, including your use of any Services;
      3. you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App then in your possession, custody or control and certify to us that you have done so;
      4. you are on notice that we may notify your company that this Licence have been terminated by us this may permit us (under the terms of our agreement with your company) to terminate that agreement.
  8. COMMUNICATION BETWEEN US
    1. If you wish to contact us then send an e-mail to unitysupport@utrack.com.
    2. If we have to contact you or give you notice in writing, we may do so by e-mail or through the Service.
  9. EVENTS OUTSIDE OUR CONTROL
    1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Licence that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks ('Event Outside Our Control').
    2. If an Event Outside Our Control takes place that affects the performance of our obligations under this Licence:
      1. our obligations under this Licence will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
      2. we will use our reasonable endeavours to find a solution by which our obligations under this Licence may be performed despite the Event Outside Our Control.
  10. OTHER IMPORTANT TERMS
    1. We may transfer our rights and obligations under this Licence to another organisation, but this will not affect your rights or our obligations under this Licence.
    2. You may not transfer your rights or obligations under these this Licence to another person or organisation.
    3. If we fail to insist that you perform any of your obligations under this Licence, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
    4. Each of the clauses of these this Licence operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
    5. Please note that this Licence, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.

SCHEDULE - PRIVACY POLICY

This Privacy Policy sets out how we use any information that you give us when you use our App.

We are committed to protecting your privacy. If we ask you to provide certain information which can identify you when using our App, we will use it in accordance with this Privacy Policy.

We may change this Privacy Policy from time to time by updating this page. Please check this page from time to time to ensure that you are happy with any changes.

What we collect

We may collect the following information:

  • name
  • contact information, such as your address, email address or phone number
  • information on your preferences and interests
  • information that you provide by filling in forms on our App, including information provided at the time of registering to use our App and Services
  • we may also ask you for information when you report any problem with our App
  • if you contact us, we may keep a record of that correspondence
  • (i) information from the Device which is used to provide tracking information (such as location, speed, time stamp and orientation) relating to your vehicle that you agree to provide to us (this is done via the Device where you have installed our App and tracking is enabled) and (ii) information about your vehicle such as proposed future routes and destinations, vehicle capacity, vehicle locator, safety reports, connections to drivers, and key performance indicators ('Tracking Data')

What we do with your information and sharing your information

We use this information to:

  • enable us to provide our services to transport managers and their clients
  • provide vehicle tracking services (your employer or other transport manager and their clients may have access to this)
  • allow your business to access the Tracking Data
  • to analyse and re-use data in aggregate
  • understand your needs and to provide you with a better service
  • ensure that content from our App is presented in the most effective manner for you and for the Device
  • provide you with information, services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes
  • carry out our obligations, including without limitation account management, customer care, and monitoring and maintaining the quality and security of our App and Services
  • allow you to participate in interactive features of our Services or App, when you choose to do so
  • notify you about changes to our Services or App.

The nature of our Service is that certain information that we collect will be shared. In particular, we may share Tracking Data with your employer or whoever you contract with, if you are driving as a contractor to them or are contracted by them to a third party. They may then share the Tracking Data with their end customer. Certain parts of Tracking Data will be made available to other users of the site as part of the online brokerage marketplace.

We may also use your data, or permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these by post or telephone.

We will share your personal data and Tracking Data with your employer. Where you provide personal data to your employer, then they may hold this data themselves and they may have their own privacy policy which will differ from this Privacy Policy. Please read their privacy policy and ensure that you are comfortable with its terms.

IP addresses and Cookies

We may collect information about the Device, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.

Cookies are small text files that are placed on your Device by websites or mobile applications that you visit. They are widely used in order to make websites or mobile applications work, or work more efficiently, as well as to provide information to the owners of the site or mobile application. The table below explains the cookies we use and why.

Cookie Description
Encrypted Session Keeps the current session live and secure
Banner Controls display times for system messaging to admins

For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your Device or any other device used to access our App. Cookies contain information that is transferred to the drive of Device. They help us to improve our App and to deliver a better and more personalised service. They enable us:

  • To estimate our audience size and usage pattern.
  • To store information about your preferences, and so allow us to customise our App according to your individual interests.
  • To recognise you when you return to our App.

These cookies are used to collect information about how visitors use our App. We use the information to compile reports and to help us improve the App. The cookies collect information in an anonymous form, including the number of visitors to the App, where visitors have come to the App from and the pages they visited.

How do I change my cookie settings?

Most web browsers allow some control of most cookies through the browser settings. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org.

Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our sites.

Security

We are committed to ensuring that your information is secure. To prevent unauthorised access or disclosure, we have put in place physical and electronic procedures to safeguard and secure the information we collect through our App. Be aware that the transmission of information via the internet or our App is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted through our App; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

Controlling your personal information

Other than as set out elsewhere in this Privacy Policy, or the sale of all, or a significant part of our business, we will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so.

If you would like a copy of personal data we hold relating to you, please contact us at: unitysupport@utrack.com.

If you have any questions about this Privacy Policy please send an email to: unitysupport@utrack.com.

If you believe that any information we are holding on you is incorrect or incomplete, please contact us as soon as possible and we will correct the information we are holding.

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