Terms of use

Welcome to 2ndPilot!

These Terms of Use («Terms») govern your rights and obligations regarding the use of 2ndPilot Software («Software») and service (both collectively referred to as the «Service») on the Internet or in cellular media. These Terms constitute a fully binding agreement between VenturezLab JSC. (including its affiliates and subsidiaries, «VenturezLab» or «We») the proprietor of all rights in and to the Service, and you. It is therefore recommended that you carefully read these Terms.

By using the 2ndPilot Service, you signify your assent to: these Terms; 2ndPilot’s Privacy Policy («Privacy Policy»); all of which are an integral part of these Terms.

If you do not agree to these Terms or any of its parts, then you are prohibited from using the Service and We request that you refrain from doing so.

Key Points

The following key points of the Terms of Use are brought for your convenience only. These key points are not in lieu of the full Terms of Use.

Road information prevails. The information provided by the Service is not intended to replace the information provided on the road, such as traffic signs, traffic lights, police instructions, etc.

Cautious driving. Always drive vigilantly according to road conditions and in accordance with traffic laws.

Non-continuous updates. The information provided by the Service originates from other users of the Service. Such information is intrinsically fluctuant and may be inaccurate, incomplete or outdated. 2ndPilot does provide any warranties to such information’s credibility or reliability.

Location-based Service. Some features of the Service utilize GPS technology in order to determine your position. These features cannot be provided without utilizing this technology.

The Internet connection is under your responsibility and at your expense. Transmitting and receiving real-time updates to and from the Service, require an online (Wi-Fi or 3G) connection between your cellular device and the Internet. The expenses of such connection are as prescribed by the agreement between you and your communication service provider (such as your cellular company), and according to its applicable terms of payment.

Free Software. The Service, its database, 2ndPilot’s trademarks, the design of the Service and the voice files integrated in the Software – all are not free-software.

your age. The Service is intended for use by users who are at the legal age permitting to hold a driving license. In any case, accounts of users under the age of 13 years will be cancelled and deleted by 2ndPilot.

WHAT IS THE SERVICE

Zasada is a social notification service of speed cams and other obstacles on the road
A simple and easy to use service allowing to warn other drivers of speed cams, police inspection, road bumps and other important factors affecting a driver’s experience

Using the App

Alert others with a single touch of the display. If there is an obstacle on your way which was identified by other users, the screen will light up and you will be warned with a sound signal. You can warn others, confirm or cancel alerts from other users.

Core functions

- warns you of obstacles on the road
- allows you to warn other drivers of obstacles on the road
- you confirm alerts from other users or report if they are no longer relevant

USING THE SERVICE

You may use the Service solely for private and personal purposes. You must not use the Service commercially. For example, you may not offer to third parties a service of your own that uses the Service; you may not resell the Service, offer it for rent or lease, offer it to the public via communication or integrate it within a service of your own, without the prior written consent of 2ndPilot.

You must not copy, print, save or otherwise use the data from the Site or the Service’s database. This clause does not limit the use of the database as intended by the Software and for the purposes of private and personal use of the Service.

When using the Service or the Site you may not engage in scraping, data mining, harvesting, screen scraping, data aggregating, and indexing.  You agree that you will not use any robot, spider, scraper or other automated means to access the Site or the Service’s database for any purpose without the express written permission of 2ndPilot.

The Software may not be used in any way not expressly permitted by these Terms.

TERMINATION OF USE OF THE SERVICE

You may terminate your use of the Service at any time and for whatever reason. You are not obligated to advise 2ndPilot of such termination.

2ndPilot retains the right to block your access to the Service and discontinue your use of the Service, at any time and for any reason 2ndPilot deems appropriate, at its sole and absolute discretion. Additionally, We retain the right to share your personal information or information that pertains to you, with appropriate third parties, in the following circumstances:

If during registration you have intentionally provided wrongful or erroneous information;

If you engaged in any act that is harmful or may be harmful to 2ndPilot, or any third party, including but not limited to other users, 2ndPilot’s suppliers or 2ndPilot’s partners;

If you used or attempted to use the Site or the Service for an illegal act, or an act that is seemingly illegal, or if your use of the Site or the Service allows, facilitates, assists or encourages the commission of such acts;

If you have violated these Terms;

If the sharing of information is required to satisfy an order or decree prescribed by a judicial or administrative authority;

If the sharing of information is required for the purpose of detecting, preventing or otherwise addressing technical issues, security breaches, or instances of suspected wrongdoings of fraudulent nature.

To the extent possible, We will advise you of your account termination.

USER CONTENT

The Service allows all users of the Software to submit and post information and content to other users («Submissions» or «Content «). For example road accidents, etc. You assume sole responsibility for your Submissions and for the consequences of posting them.

ALWAYS DRIVE VIGILANTLY ACCORDING TO ROAD CONDITIONS AND IN ACCORDANCE WITH TRAFFIC LAWS.

RIGHTS IN CONTENT



When you submit Content to be published on the Service, you represent and warrant that you own all intellectual property rights in the Content; that you are permitted to publish the Content and to permit 2ndPilot to publish the Content and exploit all intellectual property rights in and to the Submissions. 2ndPilot receives no ownership rights in and to the Content of your Submissions. However, by submitting User Submissions to 2ndPilot, you hereby grant 2ndPilot and the users of the Service an irrevocable, worldwide, perpetual, non-exclusive, royalty-free, sublicenseable and transferable license to use, copy, distribute, prepare derivative works, display in public and publicly perform the Content. The license granted to 2ndPilot in and to your Submissions is not limited to personal uses, but also extends to any commercial use, at 2ndPilot’s sole and absolute discretion. Other users may only use your Content for non-commercial purposes, unless otherwise permitted in advance in writing by 2ndPilot (for the purpose of which you authorize 2ndPilot to be your agent).

EXAMINATION OF CONTENT

2ndPilot may examine the Content before or after its publication, prevent publication of inappropriate or otherwise inadequate or erroneous Content, or remove such Content after its publication. 2ndPilot does not normally use its right to monitor Content and does so only in rare cases.

2ndPilot retains sole discretion to determine which Content will be published, the duration of its publication, its location, design and any other matter pertaining to the publication of Content within the Service. 2ndPilot does not guarantee that all Content will be published, in general or for any limited time.

Content submitted by users for publication does not reflect the views of 2ndPilot. Publishing Content does not warrant its validity, reliability, accuracy, legality or it being up-to-date.

COPYRIGHT



All intellectual property rights in and to the Site, the Service and its database, including copyrights, trademarks, industrial designs, patents and trade secrets – are either exclusive property of 2ndPilot or exclusively licensed to 2ndPilot. The Service is protected, among others, by the Russian Copyright Law, 2007 or by provisions prescribed by any other law, in Russia and abroad.

Copying, distributing, publicly displaying, offering to the public via communication, transferring to the public, modifying, adapting, processing, creating derivative works, selling or leasing, any part of the Service, in any manner or means without the prior written consent of 2ndPilot, is strictly forbidden. «2ndPilot», the 2ndPilot logo, and other trade and/or service marks are property of 2ndPilot and may not be used in any of the aforementioned means.

The design of the maps of the Site and the Service is a protected work under copyright laws and all its intellectual property rights remain the exclusive proprietary of 2ndPilot. The Software license does not extend to the maps presented by the Software or to any mark, indicator, logo or notation embedded in the map display. You may not copy or print more than one copy of any data or material appearing on the Site.

2ndPilot may protect the Service by technological means intended to prevent unauthorized use of the Service. You undertake not to circumvent these means. Without derogating 2ndPilot’s rights under these Terms or under any applicable law, infringement of the rights in and to the Service will, in and on itself, result in the termination of all your rights under these Terms. In such an event, you must immediately cease any and all uses of the Service, and within your obligations to 2ndPilot, you undertake to do so.

Apple


If you use the Service through an Apple device, then you agree and acknowledge that:
Apple, Inc. bears no duties or obligations to you under the Terms, including, but not limited to, any obligation to furnish you with Service maintenance and support;
You will have no claims, and you waive any and all rights and causes of action against Apple with respect to the Service or the Terms, including, but not limited to claims related to maintenance and support, intellectual property infringement, liability, consumer protection, or regulatory or legal conformance;
Apple and Apple’s subsidiaries are third party beneficiaries of the Terms. Upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

You agree and acknowledge that you assume full, exclusive and sole responsibility for the use of the Service and that the use of the Service is entirely at your own risk. You acknowledge that you must observe all traffic laws while using the Service.

USE OF THE SERVICE AND RESPONSIBILITY

THE INFORMATION PROVIDED BY THE SERVICE IS NOT INTENDED TO REPLACE THE INFORMATION PRESENTED ON THE ROAD. IN THE EVENT THAT THE INFORMATION PRESENTED ON THE ROAD (TRAFFIC LIGHTS, TRAFFIC SIGNS, POLICEPERSON, ETC.) INSTRUCTS DIFFERENTLY THAN THE SERVICE, YOU MUST NOT RELY ON THE SERVICE.

2ndPilot exerts efforts to provide you with a high quality and satisfactory service. However, We do not warrant that the Service will operate in an uninterrupted or error-free manner, or that it will always be available or free from all harmful components, or that it is safe, secured from unauthorized access to 2ndPilot’s computers, immune from damages, free of malfunctions, bugs or failures, including, but not limited to hardware failures, Software failures and Software communication failures, originating either in 2ndPilot or any of its providers.

2ndPilot, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE SERVICE, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF OR ANYONE ACTING ON ITS BEHALF, OR FROM YOUR RELIANCE ON THE CONTENT OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, CONTENT ORIGINATING FROM THIRD PARTIES, OR FROM ANY COMMUNICATION WITH THE SERVICE, OR WITH OTHER USERS ON OR THROUGH THE SERVICE, OR FROM ANY DENIAL OR CANCELLATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE SERVICE. IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO CORRECTING SUCH ERRORS, OR MALFUNCTIONS, AND IN LIGHT OF THE RELEVANT CIRCUMSTANCES.

Additionally and without derogating from the above clause, 2ndPilot will not be liable for any form of liability arising from your reliance on, or in connection with, the use of the content of commercial information posted on the Service. Such information may be presented on the Service maps (such as indications for the locations of establishments, their commercial offers, etc.) or otherwise.

LINKS AND COMMERCIAL INFORMATION IN THE SOFTWARE

2ndPilot may incorporate in the Service advertisements and/or information of commercial nature. The source of such information may originate from 2ndPilot or from third parties. If such information originates from third parties, 2ndPilot cannot guarantee its reliability or accuracy. It is underscored that the advertising of commercial content by 2ndPilot does not constitute a recommendation or encouragement to procure the goods or services advertised.

Insofar as the Software includes links to services or applications not operated or managed by 2ndPilot, 2ndPilot will not be liable for any form of liability arising from your reliance on, or in connection with, the content of such services and applications or any information provided by them, including but not limited to its completeness, accuracy, correctness or it being up-to-date. 2ndPilot will not be liable for any direct or indirect damage, monetary or otherwise, arising from your use of or your reliance on the content of services you have accessed via links on the Software.

BREACH AND INDEMNITY

Without derogating from any applicable law, you agree to indemnify and hold harmless 2ndPilot and its employees, officers, directors and agents, in the event you have violated these Terms or have operated unlawfully with respect to the Service. Considering that the Service is provided free-of-charge, such indemnity shall cover all expenses, payments, loss, loss of profits or any other damage, direct or indirect, monetary or non-monetary, incurred by 2ndPilot, its employees, officers, directors or agents, including but not limited to legal expenses and attorney fees.

PRIVACY

2ndPilot respects your privacy during your use of the Software. Our updated Privacy Policy pertaining to the Software is readily accessible at http://2ndPilot.com/ww/privacy-policy/  and is an integral part of these Terms. Since the Privacy Policy is subject to periodic updates, it is recommended that you periodically review the policy for updates.

MODIFICATIONS TO THE SERVICE AND SOFTWARE

2ndPilot may, either partially or in its entirety and without being obligated to provide prior notice – modify, adapt or change the Software, the Service’s features, the user interface and design, the extent and availability of the contents in the Service and any other aspect related to the Service. You will have no claim, complaint or demand against 2ndPilot for applying such changes or for failures incidental to such changes.

TERMINATION OF SERVICE

2ndPilot may, at any time, terminate the provision of the Service in its entirety or any part thereof, temporarily or permanently, at its sole discretion.

MODIFICATIONS OF THESE TERMS

2ndPilot may modify these Terms from time to time. If fundamental changes are introduced, a notice will be posted in the updated version of the Software as well as on the Service’s home page on the Site. Your continued use of the Service after the Terms have been modified signifies your assent to the updated Terms. If you dissent to the updated Terms or to any term within them, you must discontinue all further use of the Software.

LIMITATIONS

Should you desire to file any cause of action against 2ndPilot, arising out of or related to the 2ndPilot Software or Service, you must do so within one (1) year of the day you become aware of the cause of action. Failure to file a lawsuit within the aforementioned timeframe will bring about the permanent barring of the cause of action, and will constitute your complete and final waiving of the lawsuit.

ASSIGNMENT OF RIGHTS

You may not assign or transfer your rights in and to the Service, without the prior written consent of 2ndPilot. 2ndPilot may assign its rights in and to the Service to a third party at its sole and absolute discretion, provided that the third party undertakes 2ndPilot’s obligations to you under these Terms.

COMPLETE TERMS

These Terms, together with the policies that are an integral part of these Terms, namely the Privacy Policy, shall all constitute the entire and complete agreement between you and 2ndPilot concerning the 2ndPilot Service. In the event of an inconsistency between these Terms and the synopsis of terms presented to the user during Software installation, these Terms shall prevail.

CONTACT US

You may contact us concerning any question about the Service, by sending the email to support@2ndpilot.com. We will make our best efforts to address your inquiry promptly.