Legal Information and Notices
Additional Terms & Conditions Trackunit Kin
Additional Terms and Conditions relating to (Trackunit Kin)
These Terms and Conditions (“Conditions”) apply to all deliveries of Trackunit Kin and accompanying services (“Products”) to any customer (“Customer”). These Conditions shall be considered as supplementary Conditions to Trackunit’s standard Terms and Conditions as described at Terms and Conditions and shall be mutually binding on Trackunit ApS or an affiliate of Trackunit ApS (“Trackunit”) and Customer unless otherwise agreed in writing signed by an authorized officer of Trackunit. Below are the adjustments to Trackunit Standard Terms and Conditions that apply solely for Trackunit Kin and accompanying services.
Prices are as described in the quote provided to Customer, described in the agreement between Trackunit and Customer, or based on the tier in which Customer is located. The tier structure is located at Trackunit website (Kin tier structure). Trackunit is entitled to adjust the prices for the subscriptions with one month’s notice to the Customer. Further, Trackunit reserves the right at any time to adjust the agreed prices for non-delivered Products, in the event of price increases from sub-suppliers, increases in the price of materials, in the event of exchange rate change, changes in wages, government intervention or similar circumstances. Any tax, assessment, duty, custom or other fee of any nature imposed upon the Products, their sale, transportation, delivery, use or consumption imposed by any governmental authority, domestic or foreign, on or measured by the transaction between Trackunit and Customer shall be paid by Customer in addition to the price quoted or invoiced. In the event that Trackunit is required to pay any such tax, duty, fee or charge, Customer shall reimburse Trackunit therefore unless otherwise agreed upon in writing.
Unless otherwise agreed in writing, subscription is calculated in full months for all active units in the past month. The total number of active units will determine the tier which is invoiced the following month. Billing frequency is monthly. Customer is sole responsible for onboarding and offboarding of the Products.
All subscriptions are calculated on a monthly basis using a true up model, meaning Customer shall be billed for the units that has been active on the Customer’s account during the month prior to invoicing, regardless of the Products being bought from Trackunit or third party, or if Customer wishes to onboard a third party’s products. Customer may at any time cancel the subscription of any or all units by offboarding the Product in the tools provided by Trackunit. When a Product is offboarded this is considered a cancellation of subscription of the Product, and after the following month, Customer will no longer be billed for the Product. Customer is sole responsible for offboarding the Products from Customer’s account. Trackunit may cancel the subscriptions at any time with immediate effect, if Customers account is closed according to Section 5 of Trackunit standard Terms and Conditions.
4. Product Information
Customer understands that Products does not relay proximity location data unless the Products are in the vicinity of a Trackunit Raw unit or a mobile device with downloaded Trackunit apps that can pick up the Bluetooth signal from the Products. Customer is sole responsible for onboarding and offboarding the Products to Customers account using the onboarding tool provided by Trackunit. Trackunit Kin Products sends out signals which, if transmitted via other Bluetooth devices, enable the user to receive information on the proximity location of the Kin. The proximity location data, as a starting point, does not enable identification of natural persons. However, if the Kin is attached to a device which indirectly can be connected to a natural person, Section 8 of Trackunit standard Terms and Conditions applies.
5. Limitations of Liability
Customer is sole responsible for the onboarding, offboarding and usage of the Products, Trackunit shall not be held liable for any Products that are onboarded incorrectly or any misuse of the Products. Trackunit standard limitation of liability as described in Section 15 of Trackunit standard Terms and Conditions shall apply to these Conditions.