Terms and conditions of use
CAPTAYN - EULA
1. General regulations
This end user license agreement (“EULA”) is a legal and binding agreement between you and GCT33 S.r.l., with registered office in Massa (MS) Via Dorsale, 23/A C.F. and VAT N. 01238950453, in the person of the pro tempore legal representative, which operates and is known in the nautical market ("GCT33").
This EULA regulates the use, by you, of this software, (hereinafter also the "App" or "Captayn") and includes software for computers (with this also meaning the related online and electronic documentation) and for mobile devices, and all the contents and any related paper documentation.
This EULA also applies to updates, integrations, add-ons, and services offered and/or accessible through the internet that may be made available to you using this APP.
It is understood that GCT33:
may, from time to time, indicate that the updating, integrations, additional components / modules or services offered through the internet and accessible by virtue of the App, are subject to and governed by different contractual terms and conditions; other than those contained in this EULA
reserves the right to discontinue the services offered via the internet provided to you or made available to you through the App.
BY USING CAPTAYN, YOU AGREE TO THE TERMS OF THIS EULA. IF YOU DO NOT INTEND TO ACCEPT THE EULA TERMS, SIMPLY DO NOT USE THIS SOFTWARE
2. License grant
The App is exclusively licensed for use with the limitations below, therefore it is not sold nor the relative rights are definitively transferred to you.
The App is protected by copyright and other international laws and treaties on intellectual and industrial property.
Pursuant to this regulation, GCT33 is the owner of the copyright (within the limits of the rights of economic use) and other intellectual and industrial property rights on the App and its contents.
Subject to your compliance with all the terms and conditions of this EULA and all other applicable conditions, GCT33 grants you free of charge:
the non-exclusive, non-transferable right for indefinite period of time to:
install and run the App on up to 3 compatible devices, provided that you use Captayn and all related services with no more than 1 device at a time for nominal login, as well as in desktop mode;
access to and use the App’s contents and features in SaaS mode (Software as a Service) through the Internet;
use and exploit App’s updates, from time to time developed and made available by GCT33, to ensure compatibility with the various devices and operating systems supported;
All rights not expressly granted to you in this License are reserved to GCT33.
Notwithstanding any other provision in this EULA, you cannot:
circumvent, remove, change, disable and/or damage the protections of Captayn;
decompile, rectify or disassemble Captayn or attempt to access the source code of Captayn;
insert any code or product or manipulate the code of Captayn in any way or otherwise use any method of data mining, data collection to extract data related to Captayn.
3. Third-Party Software and Systems
The use of this App may require third-party software. GCT33 is not responsible for any third-party software that may be necessary for installation, execution and/or use of the “App”.
GCT33, with the App, does not offer any service of data storage and / or storage of user’s documents uploaded with Captayn. It will be your responsibility to equip you with the third-party systems deemed most appropriate and suitable for the conservation and / or storage of data, documentation and content generated by and/or uploaded with the App. Due to the above, GCT33 will have no responsibility for loss of data, content and/or documents generated by and/or stored with the App.
4. Data Collection and Privacy
The App is designed to comply with the principles relating to the current Privacy legislation (GDPR included), in any case during the use of the App some User’s personal data of the may be collected and processed. In particular, the User must create his own account and then provide some personal data as requested during registration, as well as during the use of the App communicate and / or share with GCT33 various data, in this sense the App can collect and process:
information and personal data relating to the User, such as name and surname of the same, residence and / or domicile of the same, his location at a given time, e-mail and telephone number, Tax Code or VAT Number;
information on how to use Captayn and this with the aim of improving the functionality of the App itself and preventing and / or solving technical problems that may compromise its use;
GCT33 will be able to grant access to the data collected and processed to third parties but with the sole purpose of being able to carry out assistance and / or maintenance of the App and solve technical problems.
For the purposes referred to in the previous period, these third parties will act as external data processors.
The refusal to consent GTC33 to process the above data could compromise the possibility of correct use of the App as well as the possibility of solving technical problems that may arise and, therefore, expose GCT33 to legal risks related to possible service non performances. For this reason, failure to consent to the processing of data will prevent the use of the App.
All information relating to your rights in terms of Privacy while using the APP can be found by clicking here.
5. Links to third-party websites
Through the use of Captayn it may be possible to connect to third-party Internet sites.
GCT33 does not control the third-party sites nor it is responsible is not responsible for the contents of any third-party sites, any links contained in third-party sites, or any changes or updates to such third-party sites. GCT33, moreover, is not responsible for web-casting or any other form of transmission received from any third-party sites
In particular, GCT33 provides links to third-party sites for the convenience of the User only, and the inclusion of links, does not imply endorsement by GCT33 of third-party site and/or content.
6. Non re-sale software
The "App" is a software "not for re-sale" therefore it cannot be sold or in any way transferred to third parties in return for payment therefore, you can only use it to exploit, its services and features.
Without prejudice to other remedies under this EULA or applicable law, GCT33 may terminate this agreement, at any time and without notice if it does not comply with the terms and conditions set forth herein.
8. Limitation of Liability
To the maximum extent permitted by applicable law, the total liability of GCT33, its officers, directors, partners, employees, agents, towards you and all those who, through or as a result of a contractual – or non-contractual – relationship with you, claim, or make claims for damages, for any reason (negligence, incompetence, error or omission, aggravated negligence, violation of contractual rules, etc.) deriving from, or in any way related to the use of the App, may not exceed € 5,000.00.
9. Warranty disclaimer
Unless otherwise stated in a specific written agreement between You and GCT33, this latter, regarding Captayn makes no warranties, express or implied, contractual or statutory.
In particular, warranties of any kind, merchantability, continuity in terms of operation or quality for a particular use or purpose of the licensed App are expressly excluded.
10. Governing Law and Jurisdiction
This EULA is governed by and construed in accordance with the laws of the Republic of Italy with exclusion of its conflict of laws principles
These conditions will not limit the application of consumer protection or other mandatory legislation to which you may be entitled.
For any type of dispute, which may arise in relation to this agreement and any of its clauses, concerning the drafting, interpretation, validity, effectiveness and execution, the parties declare exclusively competent the court of Massa.
If any provision of this EULA is held to be invalid, illegal or unenforceable, the remaining provisions shall remain in full force and effect.
GCT33 has made it possible to unilaterally modify this EULA.
Any changes will be communicated at least 30 days before their effectiveness. If you do not agree with any changes, you may stop using Captayn. If, once the changes become effective, you continue to use Captayn, the new conditions will be considered fully accepted.