The terms and conditions of use (hereinafter the “Terms”) set out herein govern the rights and obligations relating to the use (i) of the CoDrive software (the “Software”, or also the “Application”), (ii) of the service (both collectively called the “Service”) and (iii) the “Codrive Community”. These Terms constitute a fully binding agreement between CoDrive SRL, owner of all rights relating to the Service, and the user. We therefore recommend that you read these Terms carefully.

By using CoDrive, you agree

• these Terms
  (https://codrive.it/en/codrive-terms-of-use/);
• CoDrive’s privacy policy (“Privacy Policy”)
  (https://codrive.it/en/privacy-policy-app-en/);
• CoDrive’s copyright policy (“Copyright Policy”).

If you do not agree to these Terms or any part of them, then you must refrain from using the Service.

KEY POINTS ACCEPTED

1. Road information:
   The information provided by the Service does not in any way replace the information provided on the road, such as the direction of travel, road blocks, road signs, traffic lights, LANE AND LANE LIMITS, SPEED LIMITS, police instructions etc.
2. Accuracy and precision of curve suggestions:
   The term “NOTE” (“NOTE” in plural) indicates the classification attributed by CoDrive, automatically, to the single curve or to sequences of curves, as calculated by the patented algorithm used by CoDrive. The algorithm for calculating the NOTES and the related dictation times is based on the digital road map data provided by the different map providers that CoDrive uses and on the data provided by the mobile phone’s GPS. The cartographic data can be acquired in real time or extracted from previously downloaded off-line cartography: consequently, even the available signal level can influence the correct behavior of the calculation algorithm. Therefore the category attribution may be affected by the precision of such data and may sometimes result in a different class from the one correctly calculated in ideal conditions, and may differ from one device to another (given the possible difference in quality of the GPS receiver), between different operating environments (IOS or Android) and between different conditions (e.g.: depending on the greater or lesser quality of the data that can be used at the moment and/or the available signal level). Furthermore, the two different navigation modes (“with destination” vs “without destination”) can use data from different providers, so the same curve can sometimes be assigned a slightly different classification depending on the navigation mode in use.
3. Drive carefully:
   The user must drive while maintaining a high level of attention, also taking into account road conditions and in compliance with traffic regulations, REGARDLESS OF THE INFORMATION PROVIDED.
4. Non-continuous updates:
   The information provided by the Service may change very often. Such information is inherently fluctuating and may be inaccurate, incomplete or outdated. CoDrive makes no guarantees as to the reliability of such information.
5. Location Based Service:
   Some features of the Service use detailed information on the location based on the GPS system (so-called “localization”), routes and other information sent by your operator to the mobile device on which the CoDrive application is installed. The Service cannot provide its functionality without using this information. In the absence of a GPS signal or with a poor GPS signal, the Service may not work: therefore the quality of the service cannot be guaranteed.
6. Location information:
   CoDrive uses location and route information to provide the user with a report on how they navigated the curves and is retained by CoDrive, in accordance with the Privacy Policy, only for the period of time necessary to produce this report .
7. Behavior of CoDrive Community members:
   The following actions, included in external links, are strictly prohibited in the CoDrive Community:

• defame, insult or threaten other members, even jokingly
• disclose personal information about other users, such as name, address, email or telephone number
• publish private conversations without the sender’s consent: privacy must be respected
• violate copyright by publishing protected material
• share violent or sexually explicit content
• spread hatred or discrimination against ethnic, religious, gender or sexuality groups
• promote activities that are dangerous or harmful to people, animals or the environment
• spread false or misleading information
• publish or promote terrorist content, violence or exploitation of minors
• avoid religious, political or divisive topics
• share links to phishing or spam sites
• advertise products or services, including references to third parties
• spread exploits or participate in illegal activities
• pretend to be CoDrive employees

Administrators may remove members who violate the above rules, which violation may result in immediate or permanent suspension of posting privileges and forum access, including blocking of the CoDrive account.

8. Contents to be shared:
   The contents shared by users through the CoDrive Community service are created by users and in general are not subject to review and/or evaluation by CoDrive, which limits itself to the publication and data processing in accordance with current regulations on privacy. CoDrive therefore disclaims any responsibility for the quality or reliability of such content.
   Your username and activities carried out within the community, such as publishing your performances and positions, may be shared with those responsible for the CoDrive Community for the purpose of possible moderation.
9. Driving behavior:
   CoDrive does not intend in any way to induce driving behavior and is not responsible for how the user behaves while driving and the consequences that such driving behavior may cause.
10. Internet Connection:
    The Internet connection required to use the Service, and any associated costs (e.g. mobile data charges) incurred in using the Service, are your sole responsibility. The costs of this connection are those provided for in the agreement with the mobile operator providing communication services (for example the telephone company).
11. Mobile connection availability:
    To work best, CoDrive requires an online connection between your mobile device and the Internet. CoDrive can also work in offline mode, but in these conditions some functions may work degraded or not entirely correctly.
12. Age restrictions:
    The service is intended for users equal to or above the legal age required to have a driving license.
13. Privacy:
    CoDrive respects your privacy when using the Service. The Privacy Policy relating to the Service is described on the website https://codrive.it/en/privacy-policy-app-en/ and is an integral part of these Terms. While using the Service, your personal information may be collected by CoDrive and used as detailed in the Privacy Policy at the address above. By accepting the privacy policy, you agree to the collection, storage and use of your personal data by CoDrive in accordance with the Privacy Policy and GDPR regulations. It is therefore necessary to read these regulations carefully. Since the privacy policy is subject to periodic updates, we recommend that you periodically check the Privacy Policy.

MAIN AND ACCESSORY FUNCTIONS OF THE SERVICE

The main functionality included in the Service allows vehicle drivers to know in advance, at each point of the route they are travelling, the characteristics of the next stretch of road to travel. The information is provided via both vocal indication (via smartphone speaker or via Bluetooth) and visual indication (with a specific symbol displayed on the digital cartography shown in the mobile device viewer).

An ancillary feature is the “CoDrive Community” service, which offers the ability to create personalized groups, allowing users to connect with friends, family and other community members with similar interests. These groups allow users to track each other’s driving performance, share their locations while traveling, and compare driving styles. Through CoDrive Community, users can create a collaborative and supportive environment, where they can share experiences, tips and advice on driving and navigation. This feature encourages not only the sharing of practical and useful information, but also the development of social bonds within the community, encouraging more informed and safe driving.

USER LICENSE

CoDrive grants you a non-exclusive, time-limited, non-transferable, non-sublicensable, revocable license to use the Service for non-commercial purposes.

ACCESS TO THE SERVICE

When you install the Application on your mobile device, CoDrive creates an account associated with that mobile device (“Account”). After installation, CoDrive collects and uses some user data useful for the optimal provision of the Service, in compliance with privacy regulations.

CoDrive may allow you to use the Application regardless of whether you choose to set a username. You may choose to use the Service without a username by skipping the username creation step in the application installation procedure.

The user can also decide to share their data, such as the routes taken and possibly the related performances (encoded in the appropriate “reports”), with other CoDrive users (“CoDrive Community” function). In order to access this functionality, the user must register via authentication with a Google, Apple or Facebook account: in this second case, the user can access the Service through this account, thus agreeing to share the data with CoDrive.

The user can upload content (for example, photos of places visited, comments, etc.): if he decides to make them “public”, he accepts that such contents will be made visible to other users who follow him.

Such contents will however be treated in compliance with privacy regulations.

USE OF THE SERVICE AND RESTRICTIONS ON USE

You may only use the Service for private and personal purposes.

You may not use the Service for commercial purposes.

For example, you cannot:

1. offer your own service to third parties who use the Service;
2. resell the Service;
3. rent the Service;
4. offer the Service to the public through communication or integration into its own service, without the written consent of CoDrive.

For clarity, the examples above are listed for illustrative purposes only and do not constitute an exhaustive list of limited activities involving the Service. You may not copy, print, save or use data from the Service. The Software may not be used in any way that is not expressly permitted by these Terms.

It is also prohibited:

1. copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Service, or publicly display, perform, or distribute the contents of the Service;
2. use any content from the Service on any other website or network environment for any purpose, or replicate or copy such content without CoDrive’s written consent;
3. interfere with or violate your right to privacy or other rights of you or others, including copyrights and other intellectual property rights, or collect personal information about visitors or users of the Service without their express consent , including the use for this purpose of any type of robot, Spider, specific data recovery applications or any manual or automatic process aimed at recovering and/or indexing data;
4. transmit or otherwise make available in connection with the Service any virus, worm, Trojan horse, time bomb, web bug, spyware or any other computer code, file or program that is actually or potentially harmful, destructive or invasive, because it is intended to damage or hijack the operation of any hardware, software or telecommunications equipment;
5. interfere with the provision of the Service or fail to comply with requirements, procedures, criteria or Regulations established for the provision of the Services;
6. sell, license, or exploit for any commercial purpose any use of or access to the Service;
7. post frames or mirrors of any portion of the Service without the express written permission of CoDrive;
8. create a database by downloading and storing all or any content of the Service;
9. transmit data generated by the Service without the prior written consent of CoDrive;
10. for any services that require login, transfer or assign the password of your service account to third parties, even temporarily;
11. use the Service for any illegal, immoral or unauthorized purpose;
12. use the Service for non-personal or commercial purposes without the express written consent of CoDrive;
13. violate any of these conditions.

Failure to comply with the provisions described above may result (at CoDrive’s sole discretion) in termination of access to the Service and may also expose you to civil and/or criminal liability.

TERMINATION OF USE OF THE SERVICE

You may stop using the Service at any time and for any reason by uninstalling the application from your device. The user is not obliged to notify CoDrive of this operation. CoDrive retains the right to block your access to the Service and discontinue your use of the Service at any time and for any reason it deems appropriate, in its sole and absolute discretion.

COPYRIGHT

All intellectual property rights in the Service, including copyrights, trademarks, industrial designs, patents and trade secrets, are the exclusive property of CoDrive and may be managed exclusively by CoDrive. The Service is protected, among other things, by Italian copyright law and by applicable copyright provisions under any other law, in Italy and elsewhere. “CoDrive”, the CoDrive logo and other trademarks and/or services are the property of Codrive Srl and it is not possible to use such logos or trademarks for purposes not expressly authorized in these Terms without the prior written consent of CoDrive. The design and appearance of the Service are works protected by applicable copyright laws. The software license granted in these Terms does not extend to any license to the maps displayed on the Software or to any trademarks, indicators, logos or notations incorporated into the maps displayed on the Software. CoDrive may protect the Service with technological means to prevent unauthorized use of the Service and you must not circumvent these means; any attempted or actual violation of this provision will terminate all of your rights under these Terms.

APPLE

If you use the Service on an Apple device, you agree and confirm that Apple Inc. has no obligation whatsoever under these terms, including, without limitation, the obligation to provide you with service and support. Upon acceptance of the Terms, Apple will have the right to enforce these Terms against you.

GOOGLE

If you use the service on an Android device downloaded from the Google store, you agree and confirm that Google Inc. has no obligation under these terms, including, without limitation, the obligation to provide you with support and support. Upon acceptance of the Terms, Google will have the right to enforce these Terms against you.

LIMITATION OF LIABILITY AND WARRANTY

YOU AGREE AND ASSUME FULL AND EXCLUSIVE RESPONSIBILITY FOR YOUR USE OF THE SERVICE, AND FURTHER AGREE AND ACKNOWLEDGE THAT USE OF THE SERVICE AND RELIANCE ON THE INFORMATION PROVIDED BY THE SERVICE IS DONE ENTIRELY AT YOUR OWN RISK. CODRIVE PROVIDES THE SERVICE FOR USE “AS IS”, WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF FITNESS OF THE SERVICE FOR ITS PURPOSE, AND WITHOUT ANY WARRANTY IN TERMS OF QUALITY, PERFORMANCE, SECURITY AND ACCURACY OF THE DATA PROVIDED. CODRIVE SRL UNDER NO CIRCUMSTANCES CAN BE HELD RESPONSIBLE FOR ANY DAMAGES OR OTHER LIABILITIES ARISING FROM ACTIVITIES CARRIED OUT IN CONNECTION WITH THE USE OF THE SERVICE. Furthermore, and without derogating from the above clauses, CoDrive does not in any way guarantee the accuracy of the maps, content, road conditions, directions or navigation routes presented or displayed by the Service. For example, traffic may be congested on streets represented by the Service as non-congested, or existing streets may be missing from the map or displaying incorrect travel directions. You further acknowledge that it is your responsibility to comply with all applicable laws (including traffic laws) when using the Service. THE INFORMATION PROVIDED BY THE SERVICE IS NOT INTENDED TO BE A SUBSTITUTE FOR THE INFORMATION PRESENTED ON THE ROAD. IF THE INFORMATION PROVIDED BY THE SERVICE IS DIFFERENT FROM THAT PRESENT ON THE ROAD (road signs, instructions provided directly by the Police), YOU MUST COMPLY WITH THE LATTER. CoDrive is committed to offering a high quality and satisfactory service. However, it does not guarantee that the Service: a) operates uninterruptedly; b) is free of errors; c) is always available; d) is free from any harmful components; e) is safe and protected from unauthorized access to the CoDrive Servers; f) is immune from corruption, free from malfunctions, bugs or failures, including, but not limited to, hardware failures, software failures and software communication failures, originating from CoDrive or any of its providers. CODRIVE SRL, INCLUDING ITS EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, SUBCONTRACTORS, PARTNERS AND AGENTS, WILL NOT BE LIABLE, AND WILL NOT BE LIABLE FOR ANY COMPENSATION, FOR DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL, ECONOMIC DAMAGES (INCLUDING LOSS OF PROFITS AND LOSS OF DATA) OR OF ANY OTHER KIND, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICE, OR RESULTING FROM THE INABILITY TO USE THE SERVICE, OR FROM ANY FAILURE OR ERROR IN THE SERVICE, OR FROM ANY FAILURE OR ERROR MADE BY OUR STAFF OR ANYONE ACTING ON YOUR NAME, INCLUDING, WITHOUT LIMITATION, CONTENT ORIGINATING FROM THIRD PARTIES.

BREACH AND INDEMNITY

Without any derogation from any applicable law, you agree to indemnify CODRIVE SRL, as well as all advertisers, for any damages, expenses, losses and liabilities arising as a result of the violation of these Terms. This indemnity is intended to cover all expenses, payments, losses, loss of profits or other damages, direct or indirect, monetary or non-monetary, incurred by CODRIVE SRL, or by its employees, officers, managers, shareholders, subcontractors , partners, agents and directors as a result of your violation of the CoDrive Terms of Use, including legal fees.

CHANGES TO THE SERVICE AND SOFTWARE

CoDrive may, in part or in its entirety and without being obliged to provide notice, modify or adapt the Software, the functionality of the Service, the user interface and design, the extent and availability of the contents of the Service and any other aspect relating to the Service. No claim, complaint or demand against CoDrive can arise from the application of such modifications or for failures or accidents resulting from such modifications.

TERMINATION OF SERVICE

CoDrive may at any time discontinue provision of the Service in its entirety or any part thereof, temporarily or permanently, in its sole discretion.

MODIFICATIONS TO THESE TERMS

CoDrive may modify these Terms from time to time. If fundamental changes are introduced, a notice will be posted in the updated version of the Software as well as on the service home page on the Site. Your continued use of the Service after the Terms have changed means you agree to the updated Terms. If you do not agree with the content of the updated Terms, you must stop using the Software.

LAW AND JURISDICTION

These terms, the Software and the Service will be governed exclusively by the laws of the Italian State, without having to give effect to any principles of conflicts of law. Any controversy or claim arising out of, or connected or related to these Terms, Software and Service, will be the exclusive jurisdiction of the district court of Terni, Italy.

LIMITATIONS

If you wish to file any cause of action against CoDrive arising out of or connected with the CoDrive Software or Service, you must do so within one (1) year after you become aware of the cause of action. Failure to file a cause of action within the foregoing time will result in a permanent stay of the cause of action and will constitute your complete and final waiver of the cause of action.

ASSIGNMENT OF RIGHTS

You may not assign or transfer rights in the Service without CoDrive’s prior written consent. CoDrive may assign its rights in the Service to any third party in its sole and absolute discretion, provided that the third party complies with CoDrive’s obligations under these terms.

FULL TERMS

These Terms, together with the Privacy Policy and the Copyright Policy, which are an integral part of these Terms, constitute the entire and complete agreement between you and CoDrive with respect to the CoDrive Service.

NO LEGAL RELATIONSHIP

These Terms of Use and the use of the Service do not in any way give rise to partnership, joint venture, employment, agent or franchisor-franchisee relationships or any other collaborative relationship between the parties. Your use of the Service is intended solely to assist you, and the provision of the Service (subject to your compliance with these Terms) solely entitles you to the content of the CoDrive Service.

CONTACTS

You can contact us for any questions relating to the Service, through the channels indicated in the application or via the “Contact us” page of the website https://codrive.it. We will do our best to try to satisfy your request.

Interested parties who believe that the processing of personal data relating to them occurs in violation of the provisions of the Regulation have the right to lodge a complaint with the Guarantor or to appeal to the appropriate judicial authorities