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Terms of Use of GoSwift Mobile Application

Effective: July 20, 2018
Thank You for choosing GoSwift Application and welcome to our Terms of Use!
At GoSwift, we would like to provide You with the best service possible today, tomorrow and in the future. We are offering you this App for your own use without cost, but you should be aware of the conditions. Please read these Terms of Use carefully, as well as our Privacy Policy and other conditions mentioned in this document.
By accessing or using the GoSwift mobile Application and related services, You agree to be legally bound by these Terms of Use and all Terms incorporated by reference. If You do not agree to all of these Terms, please do not access or use the service.

1. Preamble

These Terms of Use ("Terms") govern Your access or use, from within Estonia or elsewhere, of the GoSwift Mobile Application ("Application", "App") and related services (the "Services", as more fully defined below in 3.1) made available in Estonia and Finland by GoSwift OÜ and its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, "GoSwift" or "we"). The Terms of Use constitute a binding agreement between You and GoSwift and are deemed accepted by You each time You download the Application or use any services offered by GoSwift via the Application. If You do not agree to the Terms and Conditions, You are not allowed to use the Application or any of the offered services. PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND GOSWIFT.
We are offering you this App free-of-charge, but you should be aware that you're not allowed to copy, or modify either App, any part of the App, or our trademarks in any way. You're not allowed to attempt to extract the source code of the App, and you also shouldn't try to translate the App into other languages, or make derivative versions. The App itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to GoSwift. GoSwift may immediately terminate these Terms or any Services with respect to You, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

2. Definitions

- "Mobile Application", "mobile App" or "App": the mobile Application GoSwift and all its screens.
- "Service": is the service provided by GoSwift through the App, so as described in 3.1.
- "User", "You": is someone who accesses or uses the App.
- In these Terms, the words "including" and "include" mean "including, but not limited to".
- Words used in this Agreement and the Privacy Policy in the singular, where the context so permits, shall be deemed to include the plural and vice versa.

3. The Service

3.1. Description of the Service

GoSwift Application is a mobile Application developed by GoSwift in the framework of the FINEST Smart Mobility Project ("the Project"). The mobile application is dedicated to truck drivers and logistics companies which are part of the pilot Project. The Project is dedicated to implement a just-in-time queuing system for heavy good vehicles arriving to Helsinki West Harbour and Tallinn Old City Harbour. The main functionality of the application is to give the truck driver a specific time and guidance for the ferry check-in at the ports of Tallinn and Helsinki.
To do so, You will enter your booking reference in the application, and the application will query your ferry departure and booking details. Then, the application will send you a specific time to arrive at the port, and provide guidance, i.e. when to leave, which road to take.
GOSWIFT APP SHOULD NOT BE USED BY PASSENGER COACHES, NON-ROAD MOBILE MACHINERY, OR HEAVY GOOD VEHICLES DRIVERS WHICH ARE NOT OFFICIAL PILOT SERVICE USERS OF THE PROJECT OR NOT EXPRESSLY APPOINTED BY GOSWIFT.

3.2. Services available within the App

The App might be used by You in order to:

- Obtain a time-frame to arrive at the port.
- Receive a confirmation on when to depart. Before Your journey starts, You will receive a confirmation that You may drive to the port. The confirmation will depend on Your booking, Your location and the dynamic traffic situation.
- Obtain guidance on the route to take. The App will geo-localize You and indicate You the journey to be followed.
You must not use the GoSwift App for any other purpose.

In order to provide You with the abovementioned Services, GoSwift needs to carry out the following activities:

- Collect information about location of Your vehicle from the moment You register with the App. For more information on how Your personal information is collected and processed, please take a look at our Privacy Policy.
- Share this information in real time with the related ferry operator.
- Measure and collect for analysis the logs of all registrations and journeys.

3.3. Access and Use of the Services

User Accounts.

In order to use most aspects of the Services, You must register for and maintain a personal user Services account ("Account"). Account registration requires You to submit to GoSwift certain personal information, such as Your name, address, mobile phone number as well as Your trip information (including departure, arrival, schedule). You agree to maintain accurate, complete, and up-to-date information in Your Account. Unless otherwise permitted by GoSwift in writing, You may only possess one Account.

Text Messaging and Telephone Calls.

You acknowledge and agree that GoSwift may contact You by telephone or text messages (SMS and App push notifications), for the sole purpose of delivering the Service.

Feedbacks.

At GoSwift's sole discretion, GoSwift may permit You from time to time to submit or otherwise make available to GoSwift opportunities for commentaries and/or feedbacks and/or initiation of support requests related to the Services.

Network Access and Devices.

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if You access or use the Services from Your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Application and any updates thereto. GoSwift does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

4. Intellectual Property

4.1. License.

As between you and us, we are the sole and exclusive owner of all intellectual property rights in the App, and in the material published on it. Those works are protected by copyright and trademark laws and treaties around the world. All such rights are reserved. Subject to Your compliance with these Terms, GoSwift grants You a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Application on Your device solely in connection with Your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for Your own use. Any rights not expressly granted herein are reserved by GoSwift.

4.2. Restrictions.

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by GoSwift; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by Applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

4.3. Operators

Operators (e.g.: Apple Inc., Google, Inc.) are not parties to this contract and are not responsible for the provision or support of the Services in any manner. The App is independent of any platform on which it is located. The App is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google or Android (each being an “Operator”). Your download, installation, access to or use of the App is also bound by the terms and conditions of the Operator.

4.4. Ownership.

The Services and all rights therein are and shall remain GoSwift's property. Neither these Terms nor Your use of the Services convey or grant to You any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner GoSwift's company names, logos, product and service names, trademarks or services marks.

5. Privacy and Consent to Use Data.

5.1. Privacy Policy

In order to identify the ferry departure and use the departure information to compute time and guidance, GoSwift needs to have access to booking information collected by the ferry operator such as booking number, pass unique ID, route data, vehicles data and dangerous goods class. A Data Sharing Agreement has been signed with your ferry operator in order to have access to such Data. By using our service, you understand and consent that GoSwift will collect and use the Data which is necessary to provide the Service. These information, as well as the information that we obtain through Your use of the App, whether through the registration process or otherwise, is subject to our Privacy Policy. By using the App, you consent to such processing and you warrant that all data provided by you is accurate. GoSwift complies with Applicable laws and regulations governing the protection of personal data. Our Privacy Policy addresses our collection and use of the data You provide to us, including Your rights relative to that information. Your stored personal data is used to administer the service, and for, conducting user and market research, develop and improve the Service, analyze the use of the service and communicate with you. GoSwift does not reveal, other than for purposes that are apparent from what is stated above, Your personal information to third parties without Your prior consent, except where You have requested some concrete information or service and this requires disclosure of Your personal information; or when otherwise required by law.

5.2. Use of location Data

GoSwift's services provided through the App use information about Your physical location sent from Your mobile device (e.g. GPS signals). If You use these services, You consent to us and Google accessing, monitoring, transmitting, collecting, maintaining, disclosing, processing and using Your location data to enable us and Google to provide the relevant functionality in accordance with the Terms and conditions, and Privacy Policy. You will be asked to consent to the use of location services when You download the App. You may withdraw this consent at any time by turning off the location services settings on Your mobile device.

6. Disclaimers, Limitation of Liability and Indemnity.

6.1. Responsibility

While we make reasonable efforts to provide the App services, we will not be liable for any failure to provide those services, in part or in full, due to abnormal and unforeseen circumstances beyond our control, the consequences of which would have been unavoidable despite all efforts to the contrary. This includes but not limited to any phone network failures or, in the case of mobile networks, where You are not in an area of mobile coverage.

6.2. DISCLAIMER.

THE APP IS PROVIDED IN THE FRAMEWORK OF THE PILOT 1 OF THE FINEST PROJECT AND THEREFORE, IS PARTICULARLY SUBJECT TO BUGS, ERRORS, FAILURE OR FAULT. The App is provided on an "as is" and "as available" basis. Except as specifically provided herein, to the fullest extent permissible pursuant to Applicable law, GoSwift expressly disclaims all warranties of any kind, whether express, legal or implied, including, without limitation, any warranties of merchantability, fitness for a particular purpose and any warranty regarding the reliability, timeliness, quality, suitability, or availability of the services. We make no warranty that your access to the App will be uninterrupted, timely or error-free. Due to the nature of the Internet, this cannot be guaranteed. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions. GoSwift leaves no warranties or pledges that the Application or Service are operating properly or that the Application is free of computer viruses or other harmful mechanisms. GoSwift is not responsible under any circumstances for indirect damages, consequential damages, or lost profits, unless the damage was caused by GoSwift's gross negligence.

6.3. LIMITATION OF LIABILITY.

GoSwift shall not be liable for any damages, liability or losses arising out of: (i) Your use of or reliance on the services or Your inability to access or use the services; or (ii) any transaction or relationship between You and any third party provider, even if GoSwift has been advised of the possibility of such damages. GoSwift shall not be liable for delay or failure in performance resulting from causes beyond GoSwift's reasonable control.
The limitations and disclaimer in this section do not purport to limit liability or alter Your rights as a consumer that cannot be excluded under Applicable law.

6.4. Indemnity.

You agree to indemnify and hold GoSwift and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) Your use of the Service or services or goods obtained through Your use of the Services; (ii) Your breach or violation of any of these Terms; (iii) GoSwift's use of Your User Content; or (iv) Your violation of the rights of any third party.

7. Miscellaneous provisions

7.1. Notice.

GoSwift may give notice by means of a general notice on the Services, electronic mail to Your email address in Your Account, telephone or text message to any phone number provided in connection with Your account.

7.2. General.

We can transfer all or some of our rights under these Terms to someone else. You cannot transfer any of Your rights and obligations under these Terms to anyone else. No joint venture, partnership, employment, or agency relationship exists between You, GoSwift or any Third Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. GoSwift's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by GoSwift in writing. If we allow You some extra time to meet Your obligations in these Terms or do not use some of our rights, this does not mean that we will do so again.
We may change or update the App and anything described in it without notice to you. If the need arises, we may suspend access to the App, or close it indefinitely. Your continued use of the App after changes are posted constitutes your acceptance of the amended Terms of Use.

8. Applicable law and attribution of jurisdiction

Your use of the Application and/or Services, as well as the Terms and Conditions are governed by Estonia law. Any disputes shall be referred to and settled by court.
The App Terms are in English and any communications we send to You will be in English.

9. How to Complain

We aim to provide a high standard of customer service in all our dealings with customers. If you're not satisfied with the service received, or if You think we have made a mistake, please let us know. We will investigate the situation and, if necessary, set about putting matters right as quickly as possible.
Also, if You have questions regarding the Application, the Service or the Terms of Use, please feel free to contact customer service.
By using GoSwift Service you confirm that you have read, understand and accept in full the Terms of Use and the Privacy Policy of GoSwift Mobile Application.
Thank You for reading our Terms. We hope You enjoy GoSwift App!
These Terms of Use were most recently updated on July 20, 2018.
Legal Notice:
Publishing company of the Application: GoSwift OÜ (registry code: 10673059)
Address: Mäealuse 2/1, 12618 Tallinn, ESTONIA