CoDrive Terms of Use

These Terms of Use (“Terms”) govern your rights and obligations regarding your use of the CoDrive software (“Software”) and the service (both collectively referred to as the “Service”).
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 to these Terms:

  • questi Termini;
  • the CoDrive privacy policy (“Privacy Policy”);
  • CoDrive’s copyright policy (“Copyright Policy”).

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

  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. 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.
  3. 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 Such information is inherently fluctuating and may be inaccurate, incomplete or outdated.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.
  4. Location-based service
    Some features of the Service use detailed location information based on the GPS system, 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. The service in the absence or with poor GPS signal may not work and therefore we decline any responsibility in case of non-functioning.
  5. CoDrive uses location and route information to provide you with a report on how you navigated curves and is retained by CoDrive, in accordance with the Privacy Policy, only for the period of time necessary to produce this report.
  6. 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.
  7. 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).
  8. CoDrive requires an online connection between your mobile device and the Internet to work best. CoDrive can also work in offline mode, but in these conditions some functions may work degraded or not entirely correctly.
  9. Age restrictions
    The service is intended for users equal to or above the legal age required to have a driving license.
  10. Privacy
    CoDrive respects your privacy when using the Service. The Privacy Policy relating to the Service is described on the website https://codrive.it/privacy-policy-app/ 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.

WHAT IS THE SERVICE

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.

USER LICENSE

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

USE OF THE SERVICE

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 its own service to third parties that 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.

RESTRICTIONS ON USE

Failure to comply with the provisions described below 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. It’s forbidden:

  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 CoDrive’s express written permission;
  8. create a database by systematically downloading and storing all or any content of the Service;
  9. transmit any data generated by the Service without CoDrive’s prior written consent;
  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.

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.

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 dispute or claim arising out of, or connected or related to these Terms, Software and Service, will be the exclusive jurisdiction of the court of the district of Lucca in 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 of the day 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 help 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.