These are the Terms and conditions ("Terms") for use of the Hilltip HTrack services ("HTrack™"), including the spreader control software ("Software"). In these Terms, references to you mean the company or the person who owns a HTrack license and use the HTrack services. Please read them carefully; using the HTrack services means that you unconditionally agree with these Terms.
Subject to full compliance with all the Terms hereof, Oy Hilltip Ab ("Hilltip") grants you a non-exclusive, and non-transferable right to use the Software.
Hilltip is responsible for not sharing any data from you to third parties without your consent. This includes your tracking data as well as your settings and account information.
Hilltip is responsible for keeping your information and the uploaded tracking data safe, i.e. storing the data on secure servers and taking regular backups.
You will be able to view the tracking data on the HTrack map for two years, after which all data, including settings, reports and summaries are stored in our archive up to five (5) years or until the customer account has been deleted. You may be granted access to the archived data if you provide a valid reason for your request and if the data has not been deleted. Hilltip will inform you on the website when new controller Software is launched. However, the action of updating your controller(s) Software falls upon you as a HTrack™ user.
You are responsible for providing correct account information to HTrack™. You are not allowed to use HTrack™ if you have provided false contact information and Hilltip is unable to contact you.
You are responsible for providing correct data and settings to HTrack™. Hilltip shall not in any way be responsible for missing tracking data due to incorrect controller IDs, missing or incorrect connections between vehicles and controllers, expired subscriptions, or for any other similar reasons.
You are responsible for checking whether the tracking data has been created and sent to the HTrack™ server within four (4) days. If your controller(s) is/are unable to upload the tracking data due to poor internet service, you are responsible for manually downloading the tracking data to a flash disk from the controller(s) and upload it on the HTrack™ web page.
Hilltip takes no responsibilities for situations where incorrect or no tracking data have been recorded because of your or the driver\'s actions or neglects, which include but not limited to; faulty spreader, incorrect calibration or not calibrated at all, accidentally switched off tracking mode, poor or no internet service, poor or no GPS connections or similar reasons.
You are responsible for updating the controller Software regularly, in order to have the latest features and security updates of the Software.
You are solely responsible for the customer data and contract data that you provide to HTrack™ and it is your responsibility that you adhere to the rules of the GDPR (General Data Protection Regulations).
You are responsible for keeping your login credentials safe (username & password). Hilltip takes no responsibility for data loss or misuse of your account if you have shared your login credentials to a third party or if your login credentials are stolen or otherwise lost. Hilltip will login to your account if, and only if, it is necessary for troubleshooting.
Hilltip reserves the right to temporarily inactivate your account if we suspect misuse or breakage of these Terms and conditions.
You are the owner of all the tracking data that your controller(s) has/have submitted to HTrack. Hilltip cannot use or share your tracking data to anyone without your consent.
The HTrack website and services are owned by Hilltip. You are not allowed to use the HTrack logo or any of the website content without prior permission from Hilltip.
You agree that any and all of the copyright, trademarks, trade names, patents and other intellectual property rights subsisting in or used in connection with the Software, including all documentation and manuals relating thereto, are and shall remain the sole property of Hilltip.
You undertake not to copy the Software nor otherwise reproduce the same, not to translate, adapt, vary, or modify the Software, and not to disassemble, decompile or reverse engineer the Software. In addition, you undertake to maintain accurate and up-to-date records of the number and location of all copies of the Software, to supervise and control the use of the Software in accordance with these Terms, to replace the current version of the Software with the updated or upgraded version forthwith upon receipt and not to provide or otherwise make available the Software in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person other than your employees without prior written consent from Hilltip.
You agree that all information, data, drawings, specifications, documentation, software listings, source or object code which Hilltip may have imparted and may from time to time impart to you relating to the Software (other than the ideas and principles which underlie the Software) is proprietary and confidential. You agree that you shall use the same solely in accordance with the provisions of these Terms and that you shall not at any time during or after expiry or termination of these Terms, disclose the same, whether directly or indirectly, to any third party without Hilltip\'s prior written consent. You further agree that you shall not yourself or through any subsidiary, agent or third party use such confidential information to copy, reproduce, translate, adapt, vary, modify, decompile, disassemble or reverse engineer the Software.
YOU ACKNOWLEDGE THAT THE SOFTWARE MAY HAVE ERRORS AND AGREE THAT THE EXISTENCE OF ERRORS SHALL NOT CONSTITUTE A BREACH OF THESE TERMS. THE HTRACK™ WEBSITE AND THE SOFTWARE ARE PROVIDED "AS-IS", WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES FOR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL HILLTIP BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, LOSS OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, LOSS OF DATA, OR ANY LOSS OF PROFITS; OR BUSINESS INTERRUPTION OR GOODWILL, REVENUE OR ANTICIPATED SAVINGS) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN THE EVENT THAT ANY EXCLUSION CONTAINED IN THESE TERMS SHALL BE HELD TO BE INVALID FOR ANY REASON AND HILLTIP BECOMES LIABLE FOR LOSS OR DAMAGE THAT MAY LAWFULLY BE LIMITED, SUCH LIABILITY SHALL BE LIMITED TO THE ONE-TIME LICENCE FEE OF THE SOFTWARE.
You agree that Hilltip shall be under no liability to you in respect of anything which may constitute breach of these Terms arising by reason of force majeure.
While we make every effort to ensure the quality of our service, in practice it is almost impossible to create flawless IT-systems. If you discover potential bugs or enhancements, please let us know so that we can further improve our services.
Some of the tracking data are rounded and / or estimated from several parameters and may deviate due to inaccurate calibration; hence to receive exact values, you need manual measurements.
You agree that Hilltip may by notice in writing to you terminate these Terms if you are in breach of any term, condition or provision of these Terms or required by the applicable law and you fail to remedy such breach (if capable of remedy) within 30 days of having received written notice from Hilltip specifying such breach. Upon termination, you shall pay to Hilltip all costs and expenses, including legal and other fees incurred and all arrears of fees, charges or other payments arising in respect of the Software, these Terms or otherwise and shall within 14 days after the date of termination or discontinuance these Terms for whatever reason, destroy the Software and all updates, upgrades or copies, in whole and in part, in any form and all documentation relating thereto.
You agree that you may not assign or otherwise transfer all or any part of the Software or these Terms without the prior written consent of Hilltip.
You agree that the failure or neglect by either you or Hilltip to enforce at any time any of the provisions hereof shall not be construed nor shall be deemed to be a waiver of the rights hereunder nor in any way affect the validity of the whole or any part of these Terms nor prejudice the right to take subsequent action.
You agree that in the event that any TERMS and conditions or provisions hereof shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision shall to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
You hereby agree that these Terms shall be construed in accordance with Finnish Law, excluding the application of its choice-of-law provisions which may contain referrals to foreign laws. You accept the jurisdiction of the courts of Finland and further agree that any suit, action or proceeding in relation to any claim, dispute or difference which may arise under these Terms shall be brought in the District Court of Ostrobothnia and irrevocably and unconditionally submit to the jurisdiction of the District Court of Ostrobothnia in Finland.
We may update these Terms from time to time. We will notify you if these updates are substantial or might affect the treatment of your personal information.
If you have questions concerning the Terms or the practices of our services, you may contact us by sending an email to info@hilltip.com.
© 2018 Oy Hilltip Ab. All rights reserved.
This page contains confidential information intended for a specific individual and purpose, and is protected by law. If you are not a licensed HTrack user, you are hereby notified that any disclosure, copying, or distribution of this page content, or the taking of any action based on it, is strictly prohibited.