Last updated: July 28, 2024
Please read these terms and conditions carefully before using Our Service.
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Country refers to: New Zealand
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Pear Ltd, 88 Nixon St, Hamilton, New Zealand.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Service refers to the websites, mobile apps, APIs, emails, and other online products and services provided by the company.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the Terms and Conditions Generator.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website or PureTrack refers to PureTrack accessible from https://puretrack.io, and it's other associated websites, APIs, emails, mobile apps and other online products or services.
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident.
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, You can contact us:
The use of the Services is open to every person ("User") worldwide who would like to view or publish location and tracking data. It is the responsibility of all users to ensure that they are authorized to make any publications they may make through the Services.
PureTrack is entitled to exclude any User who violates the terms of use or misuses the services from further use of the services.
A user who transmits tracking data grants PureTrack a non-exclusive, irrevocable, transferable and sublicensable user right for the tracking data for the purpose of analysis and presentation. If the user submits tracking data on behalf of third parties, the user must ensure that he is authorized to grant PureTrack user rights on behalf of this third party. The transmission of tracking data to the services does not prevent the user from using his tracking data in any other way. The provisions on the processing and use of personal data remain unaffected.
PureTrack grants all users a personal, non-exclusive, non-transferable and non-sublicensable, revocable, limited license to use and access the Services solely as permitted by these Terms.
PureTrack reserves the right to modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without notice to you.
PureTrack does not guarantee or warrant the continuous or otherwise uninterrupted and error-free availability of the Services. PureTrack does not guarantee the error-free and correct function of the algorithms used for tracking data analysis.
To use certain features of our Services, you may be required to create a PureTrack account (an "Account") and provide us with a username, password, and certain other information about yourself as stated in the Privacy Policy.
You are solely responsible for the information associated with your Account and anything that happens related to your Account. You must maintain the security of your Account and immediately notify PureTrack if you discover or suspect that someone has accessed your Account without your permission. We recommend you to use a strong password.
You must not license, sell, or transfer your Account without our prior written approval.
If you wish to use PureTrack with an account you must identify yourself with your real name, your date of birth and your valid email address. If we determine that this part of your Account data is incorrect, we can delete your Account in whole or in part and prohibit you from further use of the services.
The Services may contain flight information, tracking data, location data, text, links, photos, videos, or other materials ("Content"), including Content created or submitted to the Services by you or through your Account ("Your Content"). We take no responsibility for and we do not expressly or implicitly endorse, support, or guarantee the completeness, truthfulness, accuracy, or reliability of any of Your Content.
By submitting Your Content to the Services, you represent and warrant that you have all rights, power, and authority necessary to grant the rights to Your Content contained within these Terms. Because you alone are responsible for Your Content, you may expose yourself to liability if you post or share Content without all necessary rights.
When Your Content is created with or submitted to the Services, you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works of, distribute, store, perform, and display Your Content and any name, username, or likeness provided in connection with Your Content in all media formats and channels now known or later developed anywhere in the world. This license includes the right for us to make Your Content available for distribution or publication by other companies, organizations, or individuals who partner with PureTrack. You also agree that we may remove metadata associated with Your Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content. If the user submits tracking data on behalf of third parties, the user must ensure that he is authorized to grant the Provider user rights on behalf of this third party. The transmission of tracking data to the services does not prevent the user from using his tracking data in any other way.
Any suggestions and feedback about our Services that you provide to us are voluntary, and you agree that PureTrack may use such suggestions and feedback without compensation or obligation to you.
Although we have no obligation to screen, edit, or monitor Your Content, we may, in our sole discretion, delete or remove Your Content at any time and for any reason, including for violating these Terms, violating our Content Policy, or if you otherwise create or are likely to create liability for us.
Tracking data can be transferred directly by the user or by a third party who is authorized to transfer tracking data by the user and PureTrack. When data is transmitted via an intermediate service, the intermediate service must inform the user of any data that is permanently stored by the intermediate service. The user may only transmit tracking data if he has familiarized himself with the processing and use of the tracking data in accordance with the Privacy Policy declaration. The tracking data transmitted by the user in individual cases depends on the type of track to be submitted. The tracking data can be analyzed individually or through multiple analyzes; If the analysis is carried out as part of a competition, the analysis is subject to the applicable rules. Tracking data transmitted by a user are included in all analyzes offered, provided that this tracking data is permissible and suitable for such analyzes. This includes, but is not limited to, new analyzes that were not offered at the time the tracking data was transmitted. All analysis results can be accessed worldwide.
The Services may contain links to third-party websites, products, or services, which may be posted by advertisers, our affiliates, our partners, or other users ( "Third-Party Content"). Third-Party Content is not under our control, and we are not responsible for any third party’s websites, products, or services. Your use of Third-Party Content is at your own risk and you should make any investigation you feel necessary before proceeding with any transaction in connection with such Third-Party Content.
The Services may also contain sponsored Third-Party Content or advertisements. The type, degree, and targeting of advertisements are subject to change, and you acknowledge and agree that we may place advertisements in connection with the display of any content or information on the Services, including Your Content.
When using or accessing PureTrack, you must comply with these Terms and all applicable laws, rules, and regulations. In addition to what is prohibited in the Content Policy, you may not do any of the following:
There are no fees for the usage of our Services. Usage of our platform will always be free for everyone. However, additional features may be available for purchase ("Paid Services"). These may be features where we need to purchase data from external providers or store large amounts of data. Paid Features will allow us to keep the important features freely available for everyone.
You may submit your debit card, credit card, or other payment information ("Payment Information") via our Services to purchase the Paid Services. We use third-party service providers to process your Payment Information. If you submit your Payment Information, you agree to pay all costs that you incur, and you give us permission to charge you when payment is due for an amount that includes these costs and any applicable taxes and fees.
Certain parts of the platform are only available with a subscription. Billing happens at the start of each billing period and happens on a recurring periodic basis (e.g.weekly, monthly, or yearly).
The subscription will be renewed at the end of each billing period with the same conditions as before, unless the subscription renewal was canceled by the customer or PureTrack.
Our website provides a user communication feature that allows pilots to connect with one another. This feature is intended to facilitate friendly and constructive communication among pilots within our community. By using this feature, you agree to the following guidelines:
The automatic subscription cancellation can be cancelled at any time in the account settings on PureTrack or by contacting PureTrack directly.
Already paid fees are non-refundable and the subscription will continue to the end of the billing period.
PureTrack can decide to change fees at any point. Changes to existing subscriptions only apply for the next billing Period.
Users will be notified timely about all changes to the subscription fees and can cancel their subscription at any time before the changes take effect.
If a user doesn't cancel their subscription after being notified about fee changes, he automatically agrees to the changed terms.
PureTrack may decide to allow a free trial of the subscription services. Providing payment information may be required to activate the free trial. If this is the case, the normal subscription will automatically take effect once the trial period is over if the user hasn't cancelled their description in the mean time.
PureTrack is not obliged to refund paid fees, even in the event of data loss or especially deletion of an account due to a violiation of the user agreement.