End User License Agreement
End User License Agreement for the Versa App
Please carefully read this End User License Agreement (“EULA“) to ensure that you understand its contents before you use the Versa App. By checking the acceptance box when you register yourself to use the Versa App you enter into an agreement with Versa. If you do not agree with this EULA, please do not use the Versa App.
This EULA covers your use of the Versa App whether or not used in combination with any Versa Tracker.
Versa may amend, supplement or replace the conditions of this EULA in its sole discretion.
This EULA is last revised on: August 27, 2019
1. How to contact Versa
If you have any questions or suggestions regarding the Versa App, please contact us at [email protected].
2. Definitions
2.1 In this EULA the expressions below shall have the meaning assigned to them in this clause, unless the context requires otherwise:
| “Versa” | Versa Group B.V., with its registered office at Binckhorstlaan 36-H0.04, 2516 BE The Hague, the Netherlands and chamber of commerce registration number 52924238; |
| “Versa App” | the Versa mobile application, including any Updates, which enable you to see the location of the Versa Tracker on your smartphone; |
| “Versa Tracker” | the mobile device manufactured by Versa, intended to allow you to track your baggage while it is in transit during air travel; |
| “Documentation” | the information about the Versa App, its features and the system requirements as made available by Versa; |
| “Updates” | any modified versions and updates of, and additions to the Versa App; |
3. General
3.1. If you download the Versa App onto a smartphone that is not owned by you, you must have the owner’s consent for this. You will be responsible for complying with this EULA, whether or not you own the smartphone on which the Versa App is installed.
4. License
4.1. All intellectual property rights in the Versa App and the Documentation throughout the world belong to Versa (or its licensors).
4.2. Versa grants you a non-exclusive, non-transferable, limited, revocable license to use the Versa App and the Documentation in accordance with this EULA. Versa reserves all rights not expressly granted to you in this EULA.
5. Permitted use and restrictions
5.1. You may use the Versa App for the purpose or the intended use of your Versa Tracker. You acknowledge that loss of, and access to your smartphone could result in unauthorized localization of your Versa Tracker. You acknowledge that it is essential that your smartphone is secured with a password, access code, fingerprinting or face recognition and that solely you can access your smartphone. You are solely responsible for securing your smartphone and keeping your password and access code confidential.
5.2. You shall use the Versa App and the Documentation in accordance with applicable laws and shall not:
- rent, lease, lend, sell, redistribute, sublicense or otherwise make (commercially) available the Versa App and the Documentation in any form, in whole or in part, to any person without prior written consent from Versa;
- copy, adapt, translate, decompile, reverse engineer, disassemble, alter, modify or create derivative works of the Versa App or any parts thereof, except to the extent permitted by applicable law or as otherwise provided in this EULA;
- delete or alter any disclaimers, warnings, copyright or other proprietary notices accompanying the Versa App and the Documentation; and
- use the Versa App in a way that could damage, disable, overburden, impair or compromise Versa’s systems or security, or interfere with other users of the Versa App.
6. Updates
6.1. From time to time Versa may update and change the Versa App and the Documentation in its sole discretion and without notice to you, for instance to improve performance, enhance functionality, reflect changes to the operating system or address security issues.
6.2. You are responsible for updating the Versa App. If you choose not to install Updates or if you configure your smartphone to opt out from automatic Updates, you may not be able to adequately and securely continue using the Versa App.
7. Use of data
Under applicable data protection laws, Versa is required to inform you about who Versa is, how Versa processes your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in https://versa.company/privacy-statement/. We advise you to carefully read this information before using the Versa App.
8. Liability
8.1. The liability of Versa for any and all damages incurred by you in connection with the use of the Versa App and this EULA is excluded to the fullest extent permitted by applicable law. If and to the extent that Versa’s liability may not be excluded pursuant to applicable mandatory law, it shall in no event exceed € 169,-
9. Term and termination
9.1. This EULA will continue to be in force until terminated by you or Versa. You are free to terminate this EULA at any time by deleting the Versa App from your smartphone. Versa is entitled to terminate this EULA with immediate effect or with effect from a later date specified by Versa at any time without stating reasons.
9.2. Termination of this EULA entails that you are no longer able to use the Versa App.
10. Governing law and disputes
10.1. This EULA and your use of the Versa App is governed by and construed in accordance with the laws of the Netherlands, excluding its conflicts of law rules.
10.2. Any dispute between Versa and you shall exclusively be submitted to the competent court in The Hague, the Netherlands. The foregoing shall not apply if you, within one month after Versa has invoked this provision, notify Versa in writing that you would like to submit this dispute to the competent court pursuant to applicable procedural law.