Publication date: December 01, 2023
1.1 These Terms of Use (hereinafter referred to as "Terms") regulate the use of: https://odysseusapp.com (hereinafter referred to as "Website"), Odysseus application under the Android operating system (hereinafter referred to as "Software"), all together hereinafter referred to as "System", and regulate the relations between the end user of the System (hereinafter referred to as "User") and UAB "Eurospektras" (hereinafter referred to as "Administrator"), a legal entity registered at the address: Laisves pr. 88, LT-06125 Vilnius, Lithuania (reg. code: 126206243, VAT code: LT262062413).
1.2 User is an individual who uses all or individual services of the System (hereinafter referred to as “Services”), as well as a visitor to the Website (both registered and unregistered).
1.3 Account is the data stored in the System about the User, necessary for its identification (authentication) and granting access to the System (login, password, etc.).
1.4 These Terms set out the conditions based on which the User has the right to use the System.
1.5 Certain terms and conditions of these Terms may not be applicable in certain cases depending on the sales channel of the Software.
2.1 By registering in the System the User confirms that he has read and agrees with these Terms.
2.2 These Terms provide that the System may only be used by:
2.3 By registering, the User agrees to the Privacy Policy posted at https://content.odysseusapp.com/privacy.
2.4 At the time of registration, the User receives a unique identifier - ID. Each User has only one ID.
2.5 These Terms prohibit registering in the System under several or fictitious names, pseudonyms, etc.
3.1 If the User has agreed to the terms of these Terms and paid the license fee (if applicable), the Administrator grants him a non-exclusive and non-transferable right to use the System for personal purposes, subject to compliance with these Terms.
3.2 The User is given access to the System and receives future updates to the Software and third-party digital map databases. These Terms do not constitute a basis for requirements to request any future updates. After the User accepts the conditions for receiving such updates, the terms of use of the updated Software are governed by the current Terms. For the avoidance of doubt, the term “Software” as used in these Terms includes updated and/or upgraded Software.
3.3 The characteristics of the Software depend on its features and/or the type of license fee.
4.1 The Software may be downloaded and installed on the User's device only from services approved by the Administrator, namely Google Play and Huawei AppGallery.
4.2 The User agrees that the Software contains digital map databases provided by third parties and will be used in conjunction with them. The terms of use of the map databases can be found on the websites of the respective map providers (https://www.here.com/). The terms and conditions of the license agreements of the respective map providers are part of these Terms to the extent permitted by the laws governing these Terms.
4.3 For the Software to function properly, the device must have access to the Internet. The User agrees and acknowledges that it assumes full and sole responsibility for the settings of the device on which he installs the Software. The User is solely responsible for paying any fees and expenses associated with the use of the Software.
4.4 The User agrees and acknowledges that he takes full and sole responsibility for the use of the System. The User also acknowledges that he is responsible for compliance with all applicable laws when using the System.
4.5 In Germany (or any other country where such special rules apply) there are special provisions regarding the use of mobile and fixed-speed camera data:
4.5.1 The original speed camera data is provided by a third-party map provider.
4.5.2 The User agrees that the use of speed camera data is at the User's own risk, and releases the Administrator and map provider from any liability incurred as a result of the use of speed camera data.
4.5.3 The use of speed camera data may be regulated differently in different countries, which may make the use of speed camera data illegal and may risk significant fines and penalties. Before using speed camera data, the User must familiarize himself with the relevant legislation and adapt the use of speed camera data accordingly, including the possibility of excluding the use of speed camera data.
4.5.4 In Germany, section 23(1c) of the German Road Traffic Regulations regulates the use of speed camera data as follows: “A person driving a vehicle may not use or have a technical device ready for use that is intended to display or interfere with the operation of a traffic monitoring devices while driving. This applies in particular to means for displaying or disrupting speed measuring devices (radar warning and/or laser devices for violation capturing). For other technical means that, among other purposes, can also be used to display or disrupt the operation of traffic control devices, use is permissible under the condition that the display functions or disruption of the speed measurement devices are disabled and not used.”
4.5.5 Neither the Administrator nor the map provider will defend the User, hold harmless, or indemnify the User for any fines or damages in connection with the use of speed camera data. The User is solely responsible for the correct and legal use of speed camera data and is obliged to familiarize himself with the relevant regulations regarding its use, therefore, the User is solely responsible for any fines or damages resulting from his use of speed camera data.
4.5.6 The Administrator reserves the right, without any liability for itself or the map provider, and without prior notice, to stop providing speed camera data to the User if the Administrator encounters or expects to receive any claims regarding the speed camera data.
4.6 A particular User can only use the Software on one device at a time.
4.7 The System and any parts thereof (for example, map databases) may be used by the User only for personal and non-commercial use. The User has no right to sublicense, sell, resell, rent, lease, transfer, share, reproduce, duplicate, copy, or otherwise commercially exploit the System or parts thereof or provide access to it to third parties.
4.8 The Software is not intended to replace information provided on the road, such as driving directions, times or lane restrictions, traffic lights and signs, police instructions, etc.;
5.1 The Administrator grants the User the right to use the System Services free of charge or for a license fee, depending on which version he chooses: trial or paid version. If the Services are provided for a license fee, the User agrees to pay the license fee on the basis and in the amount specified in the sales channel through which it obtains a license to use the Software.
5.2 The Administrator will provide the User with access to the System after full payment of the license fee (if applicable), however, the Administrator reserves the right to do this before full payment of the license fee. In the case of a free or trial version, the Administrator will provide the Software after the User agrees to these Terms and the Privacy Policy when registering an account.
5.3 Payment for the Services provided can only be accepted by the following legal entities: UAB Eurospektras (reg. code 126206243, Laisves pr. 88, Vilnius 06125, Republic of Lithuania).
5.4 Information about the cost and period of validity of the Services is posted at: https://odysseusapp.com/, as well as in the corresponding sales channel.
5.5 The paid version may be offered for a single payment over a specified period available in the sales channel at the time of purchase, or under a subscription model available in the sales channel at the time of purchase.
5.6 If the User has selected a subscription-based payment model, the paid version will automatically renew at the end of the applicable subscription period and the User will be charged the license fee for the new subscription period unless the User cancels the subscription. Cancellation will take effect on the day following the end of the applicable subscription period.
5.7 Changes to the license fee will take effect at the beginning of the next subscription period that begins after the date of the fee change. If the User does not agree with the change in the cost of the license fee, he has the right to cancel the subscription before the effective date of the new cost of the license fee.
5.8 In case of suspension and/or termination of the provision of Services at the initiative of the User, the funds paid by the User for the services of the System up to the moment of suspension of the provision of the Services, including funds for services, the term of which has not expired by the moment of suspension of the provision of the Services, shall not be refunded to the User.
5.9 After the expiration date, the selected type of Service is automatically renewed. The User may cancel the use of the Services at any time.
5.10 If the Software is downloaded from Google Play, the User will be subject to Google Play's user policies for applications and digital content, available at: https://support.google.com/googleplay/topic/3171690.
5.11 In case of application of the Administrator's right provided by clause 8.1.4 of these Terms, funds paid by the User for the System services shall not be returned to the User.
5.12 In the cases provided for in clauses 9.1 - 9.3 of these Terms, funds paid by the User for System services that have not expired cannot be returned to the User.
6.1 The Administrator reserves the right to provide/sell additional services and/or goods separately or together with the Software. This may include but is not limited to, mobile communication services, Internet access services, devices for data synchronization between the Software and the tachograph, localization services, etc.
6.2 Together or separately from the Software, the User may purchase other ancillary goods, Services, offers, or add-ons following the standard purchase procedure based on the rules of the respective sales channel. Additional services and/or goods may be provided by the Administrator in cooperation with its business partners.
7.1 The User has the right to use all available System Services in full and without restrictions during the validity of the purchased Service.
7.2 When registering, the User undertakes to provide only reliable information about himself.
7.3 When using the System, the User undertakes to comply with the following clauses of the Terms:
7.3.1 Do not disrupt the System and/or its server infrastructure;
7.3.2 Do not use another User's Account.
7.3.3 Do not transfer his Account data to third parties or other Users;
7.3.4 Do not copy data from the System, e.g. data of Users, including programmatically using scripts and/or any software tools;
7.3.5 Do not distribute and/or transfer information published in the System to third parties, including other Users, friends, relatives, etc.
7.3.6 Do not publish/upload information of an illegal nature or information that disrupts the operation of the System into the System;
7.3.7 Do not restrict and/or prohibit another User from using the System.
7.3.8 Do not copy data from the System, e.g. data of Users, including programmatically or using scripts and/or any software tools.
7.3.9 Do not distribute, reverse engineer, create derivative versions of the Software, analyze, decompile the source code, or attempt to obtain the source code of the Software.
7.3.10 Do not use the Software in any illegal manner or in any manner that compromises the integrity of the Software. User is prohibited from modifying or adapting the Software or otherwise attempting to gain unauthorized access to the Software.
7.3.11 When driving, the User shall observe all traffic rules and drive vigilantly, using common sense depending on the road conditions, always concentrating on driving, keeping his eyes and thoughts on the road, and not being distracted by adjusting the Software.
7.4 The User is responsible for the safety of his Account data. If the User suspects that his Account data has become available to third parties, he is obliged to immediately inform the Administrator by sending a notification to the e-mail, [email protected].
8.1 The Administrator reserves the right:
8.1.1 Change the structure of the System without prior notice to the User.
8.1.2 Make all or certain System Services chargeable.
8.1.3 Charge additional fees for the User to receive updates to the Software and third-party digital map databases.
8.1.4 Without prior notice, establish or change the cost, types, and validity period of the System Services and/or payment model individually for a specific User or all Users.
8.1.5 At its sole discretion, provide the User with any recommendations for more efficient use of the Software. For the avoidance of any doubt, descriptions of the System do not form part of these Terms.
8.1.6 Without prior notice to the User for a short time (not more than 72 hours) to limit access to the System for all Users for technical work.
8.1.7 Without prior notice, suspend and/or interrupt the provision of services, block access to the System or its sections/functions in general or from certain devices, block the User's IP address(es) if:
8.1.7.1 The User fails to fulfill its financial obligations to the System Administrator.
8.1.7.2 The User is in any way related to other Users or persons who have been denied access to the System.
8.1.7.3 The User violates the provisions of these Terms.
8.2 The Administrator undertakes to provide the Services to the User under the specified conditions in the description of such Services, after receipt of payment from the User.
8.3 Due to the continuous improvement of its software products, the Administrator reserves the right to decide to discontinue providing technical support for a particular version of the Software. This may result in a particular version no longer being able to interact with other Software and/or not functioning on the User's device. In such a case, the User undertakes to update the Software to the current version.
8.4 All intellectual property rights to the System, including any parts thereof (for example, map databases), belong to and remain the property of the Administrator or its suppliers.
9.1 The Administrator makes no guarantees and assumes no responsibility for the relative accuracy or completeness of map databases that may be contained in the Software and/or used in conjunction with the Software. Due to road conditions, changing circumstances, sources used, and the nature of geographic data collection, some recommendations may not be accurate.
9.2 The Administrator takes all possible measures to ensure the availability of the System and is not responsible for:
9.3 The Administrator does not guarantee and bears no responsibility for the following points:
10.1 These Terms come into force for the User from the moment of his registration in the System and are valid for an indefinite period.
10.2 Provisions of the Terms which by their nature should remain in force after the termination of the User`s use of the System will remain in force (e.g. provisions relating to confidentiality, license restrictions, governing law and jurisdiction, etc.).
10.3 Information on the processing of User's personal data is available in the Privacy Policy at: https://content.odysseusapp.com/privacy.
10.4 The User undertakes to comply with the terms of confidentiality and must not take advantage of or disclose confidential information about any other individual and/or legal entity that uses the System or that is the supplier of the System and its services. For these Terms, Confidential Information means any trade secret or information in written, digital, oral, or other form that is unique or confidential to the Administrator, its third-party data providers, or System Users.
10.5 If any provision of these Terms is found to be invalid, illegal, or unenforceable in any respect, that provision, to the extent permitted by law, will be deleted from the Terms and will not affect the remaining provisions of these Terms, and the Parties will automatically accept and be bound by the new Terms.
10.6 These Terms constitute an agreement between the User and the Administrator regarding the procedure for using the System and its functionality and replace all previous agreements between the User and the Administration.
10.7 Failure or delay in enforcement of any right or remedy under these Terms shall not constitute a waiver of such right or remedy or any future enforcement of such right or remedy.
10.8 The Administrator reserves the right to unilaterally change or supplement these Terms at any time. The new edition of the Terms comes into force from the moment of publication. The date of the last changes is indicated on the web page of these Terms.
10.9 In case of changes to these Terms, the Administrator notifies users in advance by sending an email to the email address specified in the User Account. Notices are deemed to have been properly delivered to the User if they were sent to the email address specified in the User's account.
10.10 Continued use of the System by the User after changes and/or additions to these Terms means the User's acceptance and consent to such changes and/or additions to the Terms.
10.11 If the user does not agree with the changes and/or additions to the Terms, he is obliged to notify the Administrator about this within 30 calendar days from the date of publication of the latest changes and/or additions to the Terms by sending an email to [email protected] from the email address specified in the User Account.
10.12 These Terms are governed by the legislation of the Republic of Lithuania.
10.13 Legislative provisions for the mandatory application of national or international consumer protection law remain in force.