General Terms and Conditions 

and Privacy Policy




ACCEPTING THE GENERAL TERMS AND CONDITIONS

By using a r.485 application, hereinafter referred to as “the app”, to enjoy the related services, hereinafter referred to as “the services”, you irrevocably agree to be bound by the general terms and conditions.


ADAPTING THE GENERAL TERMS AND CONDITIONS

r.485 reserves the right to adapt the general terms and conditions, the latest valid version of which can be viewed on this website, at any time and before use.

Continuing to use the app after the general terms and conditions have been changed will imply that you have irrevocably accepted the new version.

You have the option at any time not to start or continue to use the app if you do not accept the general terms and conditions in the version in force when it is used.


INTELLECTUAL PROPERTY

As long as you respect the general terms and conditions, grants you a non-exclusive, non-transferable and revocable licence to use the app.

All rights relating to the app and its content, as well as its functionalities, (1) are the exclusive property of r.485 (particularly intellectual rights connected to its design as well as its development, source code, copyright and trademarks, hereinafter referred to as the “Intellectual Rights”), (2) are protected by the applicable international and national legal provisions, and (3) are under no circumstances transferred in full or in part within the context of the licence to use the app.

By using the app, you undertake to respect r.485’s Intellectual Rights, as well as those generally owned by anybody else, including in particular, not to copy, forward, download or share content without obtaining the necessary rights to do so.

If one or more points in this article are breached, r.485 will be entitled to remove the content in question and suspend or cancel your licence to use the app without notice or compensation.

Any suggestion that you pass on to r.485 to adapt or improve a r.485 app may be used by r.485 free of charge, irrevocably and without any conditions.


UPDATES, SUPPORT OR MAINTENANCE

The app is provided to you “as-is” with no express or implied warranties. r.485 may extend, enhance, or otherwise modify the app at any time without notice, but r.485 shall not be obligated to provide you with any updates to the app. If updates are made available by r.485, the terms of this Agreement will govern such updates, unless the update is accompanied by a separate license in which case the terms of that license will govern. r.485 is not obligated to provide any maintenance, technical or other support for the app. You acknowledge that r.485 has no express or implied obligation to announce or make available any updates of the app to anyone in the future.


SUSPENSION AND CANCELLATION

 r.485 can adapt and add to the functionalities of the app or remove some of them without the need to inform you of this in advance or to offer you any compensation.

You can stop using the app when you choose, without any right to receive a refund of any value whatsoever.

r.485 can at any time, without the need to give a reason, notice or compensation, suspend your ability to use the app, or withdraw the option completely, including in particular if the app is no longer available on the market, if the terms and conditions are not respected, or if use of the app may be disrupted for you or one or more other users, or cause damage to r.485 or to a third party.

The suspension or cancellation of the licence to use the app will mean that you will no longer have any access to the app, without you having any recourse against r.485.


YOUR RESPONSIBILITY

You are responsible for the information that you pass on to r.485 with a view to them granting you a licence to use the app. You confirm that it is correct and you undertake to pass on any modifications to r.485.

You are fully and exclusively responsible, without any recourse against r.485, for using the app and any consequences of that use.

Specifically, you are responsible for the confidentiality of any codes and passwords allowing you to use the app, and access to your information as well as this use and this access by any third party, whether or not they are authorised by you.

In particular, you undertake (1) not to abuse your use of the app, (2) not to disrupt or interrupt use of the app by one or more users, (3) not to make the app available to third parties via unauthorised distribution channels, (4) not to use the app if you are below the minimum age required, which is 13 or more in some countries, (5) not to publish or share content that is obscene, pornographic or that incites sectarianism or religious, racial or ethical hatred, (6) not to break the law in any way, including in particular by storing, publishing or sharing content that is fraudulent, defamatory, deceptive or infringes other people’s privacy or rights.

If the licence to use the app has been granted by r.485 to your employer, the latter may at any time have access to your information and suspend or withdraw your ability to use it.

The naviagation features of r.485 apps are solely intended as a routing aid. They are not a substitute for your attentiveness, judgement, and care while walking, running, cycling, driving or moving your vehicle. Always observe safe driving rules and driving laws, and follow road signs even if they contradict the instructions given by r.485 apps. Only use r.485 apps when it is safe to do so. You are responsible for safety at all times. Always obey all traffic laws.


r.485’S RESPONSIBILITIES

r.485 is under no circumstances responsible for use of the app by the users, whether that is you or third parties to whom you have voluntarily or involuntarily given access to your information, or for the consequences of this for each of them and for third parties.

If the app relates to a publication or an exchange of information or content between users, r.485 will under no circumstances be responsible for the content published and shared, which it is not bound to control.

The app is made available to users at the current stage of its development.

r.485 does not offer any guarantee relating to the app.

Specifically, without this list being exhaustive, it does not guarantee that the app does not contain any programming or other errors, that it meets all the expectations of every user, that it will not be the subject of any malfunctions, that use will never be interrupted or not possible, that it can be used in any location, that there will be no loss of content or any other information, that it is suitable for a particular use or that there will never be any problem transferring or saving data.

As a result of this, neither r.485 nor any of its employees, subcontractors, suppliers or distributors, will have to provide any compensation to anybody (whether or not they are users) if there is any direct or indirect damages (e.g. damages for loss of earnings or profit) resulting in particular from one of the circumstances described in the previous paragraph.

Lastly, if compensation has to be provided for any damages in accordance with a law, this compensation cannot cover indirect damages or be greater than three times the total amount paid by you to r.485 for the licence to use the App.

Other than as expressly set out in these terms or additional terms, r.485 does not make any specific promises about the services. For example, we do not make any commitments about the content within the services, the specific functions of the services, or their reliability, availability, or ability to meet your needs. As mentioned above, we provide the services “as is”.

Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.

When permitted by law, r.485 will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages.

To the extent permitted by law, the total liability of r.485 for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the services (or, if we choose, to supplying you the services again).

In all cases, r.485 will not be liable for any loss or damage that is not reasonably foreseeable.

You undertake full responsibility and risk related to your use of the mapping data. r.485 is not responsible for the mapping data and does not make or give to you any representations or warranties, express and implied, in connection with the mapping data, including, but not limited to, the accuracy, completeness, reliability or usability of the mapping data. Therefore, r.485 is not liable to you for any damage or claim whatsoever, direct or indirect, arising from your use of the mapping data.

You will indemnify, defend and hold harmless r.485 from and against any and all claims or actions arising out of or in connection with your use of the mapping data accessed from or through r.485's Services, including, but not limited to, losses, liabilities, damages, injuries (including injuries resulting in death), costs and expenses (including legal fees and costs).


COMMUNICATION

You agree that r.485 can contact you by any means, whether electronic or not, with information about the app or other products developed or marketed by them and, to this end, you undertake to keep your contact details up-to-date.

If you would like to stop receiving these messages at a later date, all you need to do is inform r.485 by sending a message via the link provided on the download page of the apps.


PRIVACY POLICY

r.485 apps do not sell or collect any personal information such as your location, your contacts or your calendar in a systematic way. At the moment you make a purchase, however, r.485 must known your location in order to pay VAT and other taxes. In this situation, your location may be retrieved from your device and kept in our systems anonymously.

Some r.485 apps offer interfaces on which you can request data from third-party services (e.g. Google Maps). These services may be able to access and collect some of your information. r.485 has no influence on this data collection process and will not be responsible for any privacy issues related to it.

When you buy r.485 apps on the Google Play or App Store, the unlocked information is automatically sent to your Garmin device. Some apps, however, can only be paid via PayPal. In these cases, you agree that r.485 may ask you some personal information in order to the generate the codes: email address, gender, birth year, watch model, etc. The reason is that there is no way to get a unique identifier for each device programmatically on Connect IQ. The most "individual" information that the program can read is what r.485 asks. This is used it to generate a code in our system, which is also generated internally by the program running on your Garmin device.

Remark that the apps are already able to read this information. When you download it, Garmin informs and asks you to agree with it. While many "free" apps collect and sell this information - maybe without your knowledge -, r.485 does not. This is why r.485 needs to ask explicitly and directly to you via e-mail.

The unlock code will be sent to you by e-mail. It may be to the e-mail address which you provide for the generation of the unlock code or to the e-mail address linked to your PayPal account.


APPLICABLE LAW AND DISPUTES

Any dispute between r.485 and you will be referred to the exclusive jurisdiction of the courts of its registered offices in Belgium.

If r.485 needs to serve you with notice of proceedings it can commence proceedings at the court dealing with those proceedings.

In any case, the court dealing with the proceedings will apply Belgian law.


MISCELLANEOUS

You cannot transfer to anybody else the rights and responsibilities resulting from the licence to use the app, which is granted to you by r.485.

If r.485 does not call for the application of one or more clauses of these general terms and conditions, this cannot be interpreted as their relinquishment of the right to demand that it is applied.