Effective as of 2024-09-01, MB "Diginakai" (collectively, the “we” or “us” or “our”) have updated terms that apply to the visiting our web-sites. For the purposes of these Terms of Use, the term, “Service”, shall refer to OrbitLine web as well as the other applications and their web-versions, our websites that the we operate and that link to these Terms of Use.
We provide the Service to you subject to these Terms of Use (“Terms”), which may be updated by us from time to time pursuant to Section 10 herein. By accessing and using the Service, you accept and agree to be bound by these Terms, our’s Privacy Policy found here and our’s Cookie Policy found here. If you do not agree to these Terms and/or other policies specified herein, you may be prevented from accessing some of the features of certain websites or the Service. In addition, when accessing the Service you shall be subject to any posted guidelines or rules applicable to the Service, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms.
General age limitation. You must be at least 16 years of age to use the Service. To the extent prohibited by applicable law, we do not allow use of the Service by Users younger than 16 years old. If you are aware of anyone younger than 16 using the Service, please contact us (for contact information, please, see How to Contact Us Section) and we will take reasonable steps to preclude such person from using the Service. If you are under 18 years of age (or the age of legal majority where you live), you may only use the Service under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such User in connection with the Service. If you are using the Service on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.
You represent and warrant that you have the full power and authority to enter into this agreement and that in doing so you will not violate any other agreement to which you are a party. You further agree to use the Service in compliance with all applicable laws. If you need to create an account to use the Service, then you also:5.1. Subscriptions. The Service offers different subscriptions which depend on the number of units, storage volume, etc. Subscriptions can be purchased with Credit / Debit cards, PayPal, and various local payment options. Payment methods offered are subject to regional availability or at the sole our discretion. Some banks or services may charge incoming additional fees. Availability of a given Payment Method may depend on your country of residence and other factors. The compatible Payment Method types, as well as the Payment Method uses may not be available everywhere, and may change at any time. You may purchase the subscriptions directly from us by paying a subscription fee in advance, with postponed payment for 2 months on a monthly or annual basis. If you purchase the subscription through a third party, separate terms and conditions of payment with such third party may apply in addition to these terms. Please contact the third party regarding any refunds or to manage your subscription. To demonstrate the premium features of the application, available only by subscription, the User may be provided with a free Promo subscription by one of the partners in accordance with clause 15.3.1. of the Agreement.
5.2. Purchased content. We may include features or tools that can be licensed for a fee, typically via in-app purchase (“Purchased Content”). You may only use the Purchased Content if you are over 18 years old (or the age of legal majority), and only on a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable basis for non-commercial use only. We reserve the right to manage, regulate, control, modify, or eliminate Purchased Content at any time (and in case of subscriptions, after a specified time under terms of a respective subscription). Upon the Purchased Content being available to you (and in case of subscriptions, after the Purchased Content has been available to you for a specified time under the terms of a respective subscription), our obligations to provide the Purchased Content are deemed fulfilled, and we make no representation that the Purchased Content will be available to the purchaser for any length of time (otherwise as may be specified in terms of a respective subscription), nor that we will continue to support the Purchased Content (otherwise as may be specified in terms of a respective subscription). SUBJECT TO MANDATORY LEGISLATION, YOU ACKNOWLEDGE THAT WE ARE NOT REQUIRED TO PROVIDE A REFUND FOR THE PURCHASED CONTENT FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR THE UNUSED PURCHASED CONTENT, WHETHER YOUR LOSS WAS VOLUNTARY OR INVOLUNTARY.
5.3. Taxes. It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority in your country. We are not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction in your country.
5.4. Price changes. We may from time to time make changes to subscriptions, including subscriptions fees, and will communicate any price changes to you in advance. Price changes will take effect at the start of the next subscription period following the date of the price change and, by continuing to use Service after the price change takes effect, you will have accepted the new price. If you do not agree to a price change, you can reject the change by unsubscribing from the Service prior to the price change going into effect.
5.5. Termination and Renewal of Service. Your payment to us or the third party through which you purchased the subscription will automatically renew at the end of the applicable subscription period, unless you terminate your subscription before the end of the then-current subscription period.
If you terminate the Service or paid subscription during the subscription period, the payment made for the full subscription period is not refundable, and in case of renewal of the Service or paid subscription, you will be charged again for the full subscription period. If you terminate a paid subscription, you will still be able to use a free version of your account.(A) YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK.MB "DIGINAKAI NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, THIRD-PARTY SERVICE PROVIDERS OR LICENSORS DO NOT WARRANT THAT USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE, NOR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, OR SERVICE, PROVIDED THROUGH THE SERVICE.
(B) THE SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS.(C) TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL MB "DIGINAKAI", OR ITS FUTURE PARENT OR AFFILIATED COMPANIES, BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT OF USE OF THE SERVICE OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE SERVICE, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON THE SERVICE. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF THE MB "DIGINAKAI" OR FUTURE PARENT OR AFFILIATED COMPANIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT THE MB "DIGINAKAI" OR FUTURE PARENT OR AFFILIATED COMPANIES ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE WEBSITES OR ANY OTHER THIRD PARTIES. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
(D) As we care deeply about the security of your personal data we implement a variety of technical, organizational and legal security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your Personal Data. We cannot, however, ensure or warrant the absolute security of any information you transmit to us or guarantee that your information on the Service may not be accessed, disclosed, altered, or destroyed by a breach of our physical, technical, or managerial safeguards.
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless us and
each of our respective officers, directors, agents, partners and employees of the MB "Diginakai"
from and against any loss, liability, claim, demand, damages, expenses or costs (“Claims”) arising out
of or related to:
(i) your Use of the Service;
(ii) your User Content or Feedback;
(iii) your violation of these Terms;
(iv) your violation, misappropriation or infringement of any rights of another (including intellectual
property rights or privacy rights);
(v) your conduct in connection with the Service.
You agree to promptly notify us of any third party Claims, cooperate with the us in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the we will have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and us.
These Terms, or any part thereof, may be modified by us, including the addition or removal of terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. We will post the amended Terms to the Service and update the “Effective date” above. We may also attempt to notify you by providing notice through the Service. Your use of the Service after such posting shall be deemed to constitute acceptance by you of such modifications, additions or deletions. In some cases and for some Service, we may require you to expressly accept our new terms of use in order to continue using the Service (for example, if we substantially change the terms related to the operation of the particular Service).
By using the Service, you also consent to receive electronic communications from us (e.g., via email or by posting notices on the Service). You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including but not limited to that such communications shall be in writing.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
If you have any questions, complaints or claims with respect to this Privacy Policy or the Service, please contact us via email at hi@orbitline.eu or our mailing address:
MB "Diginakai"
Jonažolių 11-3, LT-04135, Vilnius, Lithuania.
14.1. Common Platform Applications. If the User uses Orbitline website, the websites of the Service
requiring creation of an account , the User agrees to the following:
(a) The User account is one for all Common Platform Applications.
(b) After creating a User account on one of Common Platform Applications, the User can, if he (she)
desires, get access to other Common Platform Application unless otherwise provided by the additional
terms of a certain Common Platform Application.
(c) Changing User account data (for example, password, username, language) on one of the Common Platform
Application will automatically change them on another Common Platform Application.
(d) Additional terms of use for certain Common Platform Application may provide for separate grounds for
deleting a User account due to its inactivity. In case of using several Common Platform Applications,
the User account is deleted only if the conditions for all used Common Platform Applications are met.
(e) User may be provided with technical support and maintenance services by our related to Common
Platform Application(s). We do not guarantee the quality of technical support and maintenance
services, including, but not limited to, does not guarantee that all your questions will be considered,
that they will be considered efficiently and quickly. We do not guarantee the provision of
technical support and service to you and may refuse to provide technical support at any time without
prior notice.
14.2. Common Platform Applications limitations and restrictions. If User uses any Common Platform
Application (hereinafter in this paragraph “Application”), then the User agrees to the following
conditions related directly to the operation of the Application and the User content that was created
using the Application:
(a) If the unit created within the Application has not transmitted any data at all it will be deleted
automatically in two weeks;
(b) If the unit has transmitted data more than 1 year ago, this unit will be deleted automatically;
(c) Accounts that are not having units are deleted automatically after two weeks since the last login;
(d) All the accounts are deleted automatically after nine months of non-use, whether they have units or
not;
(e) If the unit created within the Application or User account is deleted by the User or at his request,
as well as automatically in the cases mentioned above, all information associated with this unit or this
account is deleted. This information cannot be restored in the future;
(f) We also reserve the right to block and subsequently delete your account (accounts) without
prior notice if provision to You the right to use the Application is no longer commercially valuable;
(g) User of Application can allow access to his(her) account in Application to the User of Partner Panel
to receive subsequent assistance with his(her) account configuration. User of Application bears all
responsibility related, including but not limited to, to that provision of access to his(her) account in
Application and data to the User of Partner Panel;
(h) The maximum data retention period of transmitted data from a unit in the storage of the Application
is 365 (three hundred and sixty five) days.
15.1. Partner Panel web-application (hereinafter in Section 16 - Partner Panel) is an application that
is focused on the connections of the end customers with professionals in the installation of GPS
devices. Partner Panel helps to automate the process of providing services to the end customer. Using
features of Partner Panel, the User is able to:
(a) pre-configure the account of Common Platform Applications, as well as tracker;
(b) can automatically assign a Promo subscription to a pre-configured account. Promo subscription is
intended to demonstrate the premium features of the Common Platform Application and will be valid for
one (1) month after the end user activates the pre-configured account;
(c) generate a link or QR code for the end customer;
Using them, the end customer will receive a ready-made account that he/her can activate and link to
his/her email address.
(d) do the diagnostic of the connection of the tracker, which allows to see errors and "raw" data from
the tracker.
15.2. If User uses Partner Panel, then the User agrees to the following conditions relating directly to
the operation of the Partner Panel and the User content that was created using the Partner Panel:
(a) In the Partner Panel, the User can create new accounts for other user(s) (hereinafter in this
Subsection 15.2. “Pre-Authorised User”) in other Common Platform Applications and pre-configure them.
Hereinafter in this Subsection 15.2. “Activated account” means an account that was created by the User
and then was transferred to the Pre-Authorised User and activated by the Pre-Authorised User.
Hereinafter in this Subsection 15.2. “Non-activated account” means an account that was created by the
User and was not transferred to the Pre-Authorised User and was not activated by the Pre-Authorised
User;
(b) The User bears all responsibility to the Pre-Authorised User(s) of Common Platform Applications
and/or User(s) for the pre-configuration that User made, subsequent assistance with its configuration
when using the Common Platform Application when access for such assistance, including, but not limited
to, was provided according to Subsection 14.2. (g) hereof, as well as for the preservation of
confidential data about the Pre-Authorised User and/or User(s), which could be communicated to User by
the Pre-Authorised User for creating an account, for subsequent assistance with its configuration when
using the Common Platform Application. Any breach of the foregoing by User of Partner Panel entails
MB "Diginakai", including, but not limited to, to block and/or delete the account of that User of Partner Panel
and recover our damages;
(c) For the Non-Activated account the following rules apply:
(i). Units in Non-Activated account are deleted in 12 months after its creation date, if they have not
connected and sent no data;
(ii). Units in Non-Activated account are deleted in 24 months after its creation date or receipt of
data, if they connected and sent data;
(iii). Non-Activated account is deleted in 2 months if they do not have any unit(s);
(iv). Non-Activated account is deleted in 24 months after its creation date, along with all created
units, regardless of whether it has created units or not;
(d) The Activated account and units in them are subject to the rules of that Platform Application for
which that account and units were created;
(e) The User, who doesn't have any created account or unit, is deleted in 3 months after the last use of
the Partner Panel;
(f) The User, who has only Activated Account(s), is deleted in 12 months after the last use of the
Partner Panel;
(g) The User is deleted in 24 months after the last use of the Partner Panel, regardless of whether he
(she) has created an account or units or not;
(h) The User is deleted in 24 months after last activation of created account by Pre-Authorised User or
in 24 months after first use of Partner Panel if no one created account wasn’t activated for this time;
(i) If the User account, Non-activated account, units in Non-activated account, units are deleted by the
User or at his request, as well as automatically in the cases mentioned above, all information
associated with these units or these accounts are deleted. This information cannot be restored in the
future.