Stara Telematics – Terms of service
Last Updated: December 15th, 2014
Welcome to Stara Telematics!
Thank you for using our products and services. The services will be provided by Stara Agricultural Implements Industry Inc. (“Stara”), located at Stara 519 Av, Não-me-toque/RS, Brazil.
If you are using our services, that means you agree with our terms of services. Please read them carefully.
How to use our services
You must follow the rules applied to you within the services.
Do not use our services improperly. For example, do not interfere with our services neither try to access them using a diferent method other than the interface and the instructions we provide. You can use our services only according to the law, including laws and regulaments for export and re-export control. We can suspend or stop providing our services if you fail to comply with our terms or policies, or if investigate cases of bad behavior.
Using our services does not grant you ownership on intellectual property of our services and neither the content you access. You cannot use contents of our from our services unless you have permission from the owner of such contents or do it someway that is allowed by law. These terms doesn't grant you the right to use any brands or logos used in our services. Do not remove, hide or change any legal advices displayed in our services.
Our services show some contents that are not from Stara. The entity that supply these contents is the only and exclusive responsible for them. We may review content to determine if it is illegal or if it is against our policies, and we may remove or refuse to show contents thar might violate our policies or the law. That however doesn't mean we'll necessarily review content, só please don't assume we'll do it.
Regarding your use of the services, we can send you service ads, administrative messages and other information. In order for that to happen you must agree to receive our e-mails.
Some of our services are available in mobile devices. The user must not use such services in situations that can be distracting or prevent him from following traffic or safety laws.
Your account on the Telematics system
You'll need to create an account to use our Telematics service. It will be created for you by an Admin user (Retailer or Stara Post-Sales). Different or additional terms may apply and your Admin might be able to access some data from your account or even disable it.
To protect your account, the user must keep your password secure. The user is the only responsible for activity made in his account, even if it was done by any middle man. We don't recommend that the password is reused in third party applications or systems. If you suspect about any unauthorized use of your password or account, we recommend to access the Telematics system and immediately change your password.
Privacy and Copyright protection
Stara keeps your personal data and privacy secret when you are using our services. By using our services, you agree that Stara might use these data in eventual client satisfaction research or product improvements.
We respond to copyright violation notification and terminate accounts for repeated violations. We supply information to help copyright owners to manage your on-line intellectual property.
Your content in our services
Some of our services allow to upload, submit, store, send and receive content. You keep ownership of any intellectual property that you have on that content. To make it shorter: what belongs to you, remains with you.
When you upload, submit, store, send or receive content to our services or through them, you grant Stara (and those who we work with) a worldwide license to use, host, store, reproduce, modify, create derived works (such as those resulting from translations, adaptations or other changes we do in order for your content work better with our services), comunicate, publish, execute and publicly display and distribute such content. The rights you grant in this license are restricted only for operations, advertisement and improvement purposes of our services and developing new services. This license lasts even if you stop using our services (for example, participating in statistical analysis use of our services). Some services might offer you ways to access and remove contents that were submitted to that service. Make sure you have the necessary rights to grant us a license of any content you send to our services.
About software in our services
When a service demands or include available software to download, such software may update itself automatically in your device if a newer version or feature is available. Some services may let you adjust configurations for automatic updating.
Stara grants you a personal, worldwide, not exclusive, untransferable and royalties free license to use software provided by Stara as parte of its services. This license has the only objective of allowing you use and benefit from the services, such as they were provided by Stara and permitted by these terms. You cannot copy, modify, distribute, sell or rent any part of our services or the software it includes, neither will reverse engineer or attempt to extract source code from these softwares, except in cases when law prohibit such restrictions, or when you have our written permission.
Open source code is important for us. Some of the softwares used in our services may be offered under a open source license that we'll provide at your request. There may be rules in the open source license thar explicitly replace some of these terms.
How to modify and cancel our Terms
We are constantly changing and improving our services. We may include or remove features or resources and may also suspend or completely terminate a service.
You can stop using our services at any time, even tough we are sad to see you walk away. Stara may also stop providing the services to you or, at any time create or include new limits to our services.
We believe that you are the owner of your data and that it is important to preserve access to this data. If we discontinue a service, when reasonably possible, you'll be informed reasonably in advance (90 days) e get a chance to collect your informations from that service.
Warranty and responsibility disclaimer
We provide our services using a reasonable commercial level of capacity and care, and we hope that you enjoy your use of them. There are somethings however we disclaim responsibility on our services.
EXCEPT WHEN EXPLICITLY DESCRIBED IN THESE TERMS OR IN ADDITIONAL TERMS, NEITHER STARA NOR ITS SUPPLIERS OR DEALERS OFFER ANY WARRANTYS ON THE SERVICES. FOR EXAMPLE, WE ARE NOT RESPOSIBLE FOR THE CONTENTS IN THE SERVICES, FOR SPECIFIC FEATURES OF THE SERVICE, OR FOR RELIABILITY, AVAILABILITY OR CAPACITY TO FULFILL YOUR NEEDS. WE PROVIDE THE SERVICE “AS IT IS”.
CERTAIN JURISDICTIONS REQUEST SPECIFIC WARRANTYS, SUCH AS WARRANTY OF IMPLICIT MERCHANTABILITY, FIT FOR A SPECIFIC PURPOSE AND VIOLATION. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDED ALL WARRANTYS.
STARA IS NOT RESPOSIBLE FOR UNDELIVERED COMMUNICATIONS DUE TO INCORRECT OR OUT-OF-DATE INFORMATIONS (E-MAIL AND/OR CELLPHONE NUMBER) AS WELL AS INCORRECT PREVIOUS TREATMENT OF COMMUNICATIONS (SPAM FOLDERS, FILTERS OR THIRD-PARTY APPLICATIONS THAT INTERCEPT MESSAGES) OR INSTABILITIES IN COMMUNICATIONS (LACK OF POWER OR WEAK CELLULAR NETWORK).
Responsibility for our services
WHENEVER ALLOWED BY THE LAW, STARA AND ITS SUPPLIERS OR DEALERS WILL NOT BE RESPOSIBLE FOR PROFIT LOSSES, INCOME LOSSES, DATA LOST, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENT, EXEMPLARY OR PUNITIVE DAMAGE. STARA IS ALSO NOT RESPOSIBLE FOR MISINTERPRETATION OF PRESENTED DATA.
TO THE EXTENT PERMITTED BY LAW, STARA'S FULL RESPONSIBILITY AND IT'S SUPPLIERS AND DEALERS, TO ANY COMPLAINT ABOUT THESE TERMS, INCLUDING ANY IMPLICIT WARRANTYS, IS LIMITED TO THE VALUE YOU PAYED STARA TO USE OUR SERVICES (OR, IN OUR CRITERIA, TO PROVIDE YOU WITH THOSE SERVICES AGAIN).
IN ALL CASES, STARA AND IT'S SUPPLIERS AND DEALERS WILL NOT BE RESPOSIBLE FOR ANY LOSS OR DAMAGE THAT WAS NOT REASONABLY PREDICTABLE.
Commercial use of our services
If you are using our services on behalf of a company, that company accept these terms. The company isents Stara and its affiliates from responsibility and will reimburse Stara, it's affiliates, executives, agents and workers of any claims, lawsuit or legal actions that are started or related to the use of services or violation of these terms, including any responsibility or expense resulting from claims, loses, damages, trials, litigation costs and legal fees.
About these terms
We can modify these terms or any additional that apply to our services in order to, for example, reflect changes necessary by laws or changes in our services. You should check the terms on a regular basis. We'll e-mail you about any changes in the terms of service. Changes will not apply retroactively and will take effect at least 14 days after they are published. However changes related to new features of a service or changes made due to legal reasons will take effect immediately. If you don't agree with the changes in the term of service, you must stop using the service.
In case of any conflicts between these terms and the additional terms, the additional terms will prevail regarding this conflict.
These terms govern the relation between Stara and you. They however don't create any rights for third-parties.
In case you do not fulfill these terms and we don't take actions right away, that doesn't mean we are renouncing to any rights we might have (such as taking future actions).
If one specific condition of these terms is not executable, that doesn't affect any other terms.
Braziliam laws will apply to any disput started or related to these terms or services. All complains started or related to these terms or services are litigated exclusively in federal or state courts.