PLEASE READ THESE TERMS AND CONDITIONS FOR THE LICENSE TO USE THE "DUCATI LINK APP", WHICH GOVERN YOUR USE OF THE SAME.
These terms and conditions of license for use apply to the computer program called "Ducati Link App" (hereinafter "App") provided by Ducati Motor Holding S.p.A. - a Sole Shareholder Company, subject to the Management and Coordination activities of Audi AG, with registered office at Via Cavalieri Ducati 3, Bologna, Italy (hereinafter "Ducati"), to the user (hereinafter "User") through the App Store (owned by Apple Inc.) and Google Play (owned by Google Inc.) platforms and of which the User, within the limits of the provisions of these conditions, is authorised to make use.
The services provided by the App, which can be used by the User can be activated or deactivated by them freely. In particular, taking advantage of the possibility of wireless connection (Bluetooth, registered trademark owned by Bluetooth SIG, Inc.) of your Android or Apple device (smartphone) to the Ducati motorcycle equipped with a connectivity module, the GPS system on the device and the connection to the data traffic of the device, through the App, between the various features, the User will be able to:
- take advantage of a service to record the routes made thanks to geolocation data;
- take advantage of an information service on the location of Ducati dealerships and workshops according to the User's geographical location (dealer locator)
- record certain riding parameters (distance travelled, trip time, routes travelled) and share them via a telematic network (via the social networks "Facebook", the trademark of Facebook Inc., or "Twitter", the trademark of Twitter Inc., Instagram ).
NOTE: the User is warned that the data recorded by the App may not always be correct and/or correspond to those indicated by the instrument panel of the motorcycle;
- take advantage of the community features that will allow the User to share their routes, add other riders to follow their new public itineraries, review and comment on all the published itineraries, organise travel groups to plan an itinerary (and/or event) together with all the members of the group;
- set up some of the bike's settings such as riding mode parameters (Riding Mode selection, load mode selection, Ducati Traction Control-DTC, Ducati Wheelie Control-DWC, ABS, Ducati Quick Shift-DQS, front suspension, rear suspension, Engine Settings - Engine) and instrument panel settings (date and time, units of measurement, display backlighting, info mode, turn indicators switching-on and off).
NOTE: it is always necessary to check that the App settings have been set correctly through the motorcycle instrument panel. Ducati shall not be liable for any incorrect setup of the riding parameters and/or the instrument panel through the App;
- receive information on the bike's maintenance requirements, scheduled maintenance operations, any vehicle problems, find the nearest Ducati dealer, consult parts of the bike's owner's manual.
The App is granted to the User under an individual, free, temporary, non-exclusive and non-transferable license, with no territory limits, excluding the transfer of any rights concerning the App.
Therefore, the User does not acquire title to any right to the App, but only the right to use it in the manner and within the limits set forth in the terms and conditions under paragraph 2 below.
2. License for use. Copyright reserved.
The App made available to the User and of which the User, within the limits of the provisions in these terms and conditions of license for use, is authorised to make use, is protected by intellectual and/or industrial property rights. Except as expressly authorised by this license, all rights to the App are reserved. Therefore, it remains understood that, except as provided in this contract, the copyright and any other rights or sole-rights provided by the current legislation on intellectual property rights, none excluded, on the App are and remain the property of Ducati.
The User is only granted the right to a strictly private and personal use of the App, being expressly forbidden any commercial use, direct or indirect, of the same.
Except as expressly stated in these license terms and conditions, reproduction, sending by any means and communication to the public, distribution, marketing and any other use of the App, for any purpose or aim whatsoever, are prohibited by any means.
The User may not reverse engineer, disassemble, decompile or in any way attempt to obtain the source code of the App, nor sublicense the App or in any way make it available to third parties, directly or indirectly, in any form or manner.
The User who violates the provisions of these license conditions will automatically lose, without notice, the authorisation granted under the license, which shall no longer be valid and effective.
3. Effectiveness of the contract.
The agreement of license for use is concluded and effective when the User accepts these conditions, through the appropriate procedure provided upon the first use of the App.
4. Compatibility and upgrades.
The App is compatible with devices equipped with Android operating system (registered trademark owned by Google Inc.) version 4.4 or higher, or iOs (registered trademark owned by Apple Inc.) version 9 or higher.
The User expressly acknowledges that neither Google Inc. nor Apple Inc., as the owners of the rights to the Android and iOS operating systems, respectively, assume any obligation to the User with respect to the App and the provisions of these terms and conditions.
In order to use all the functions of the App, the User's device must have a Bluetooth connection, be able to connect to a data network and be equipped with a GPS sensor.
Ducati may make available to the User updated versions of the App through the App Store (owned by Apple Inc.) and Google Play (owned by Google Inc.) platforms, which the User agrees to install on their device without delay. Any loss or damage suffered by the User as a result of late installation of the latest version of the App made available by Ducati (such as, for example, security breaches with consequent loss or theft of data) can not in any case be claimed to be Ducati's fault.
5. Term and termination.
This contract is effective from the date of acceptance of these conditions by the User and will expire upon termination by either the User or Ducati.
The User can freely terminate this contract at any time, by simply uninstalling the App from his/her device.
It is understood that Ducati may in turn terminate this contract at any time, by no longer making available the services connected to the App after giving notice to the User, with nothing being due to the User.
6. Using the App.
Use of the App is reserved for registered users of the "Ducati Identity" service (https://my.ducati.com). Registration can take place before or after installing the App on your device, either through the website www.ducati.com or through the App itself, as well as, where requested by the User and available, also with the help of the User's credentials for one of the social networks indicated in the App.
7. Consideration and costs.
The license to use the App governed by these conditions is free of charge.
Any App new functionalities to be paid for may in the future be developed and made available to the User by Ducati through the App Store (owned by Apple Inc.) and Google Play (owned by Google Inc.) platforms. In this case, these functions will be activated only with the express approval by the User of the relevant contractual conditions that will be submitted to him.
The User is exclusively responsible for the telephone connection and data traffic costs, according to the fees applied by the operator chosen by the User.
The App involves the use of data traffic of the User's device (which may entail costs for the User according to the plan for data traffic of the selected operator), space in the memories (Ram and mass storage) of the device and battery power of the User's device. You may verify such use (including data traffic) through the features of your Android or Apple device.
The use of data traffic, space on the memories (Ram and mass storage) of the device and energy of its battery will vary depending on the more or less intensive use that is made of the App by individual users and on what features are activated from time to time. Should the User, through the App, decide to save and/or share with other Users content and materials, the use of data traffic, memory and battery power of your device will be proportional to the size (in bytes) of such content and materials.
The App can be used even without an Internet connection, except for the functions that depend on this connection.
8. Processing of the User's personal data and their storage.
To activate the various functions of the App, as requested from time to time by the User, it will be necessary for Ducati to collect and record the User's personal data, possibly including his/her geographical location and his/her movements recorded by the GPS system of his/her Apple or Android device.
The User's personal data, including those relating to his/her geographical position and movements, will be processed by Ducati, as the Data Controller, and by the Data Processor appointed by Ducati in the person of Mr. Claudio Domenicali, domiciled for this appointment at the registered office of Ducati, with or without automated devices, in compliance with the provisions of Italian Legislative Decree no. 196 of 30 June 2003 - Personal Data Protection Code (so-called Privacy Code), to allow registration to and operation of the "Ducati Link App" (hereinafter referred to as "App"), and the activation of its various functions, as requested from time to time by the User, as well as for statistical analysis in which case the data will be processed in aggregate form. In particular, the User can activate (and deactivate at any time), through his/her Apple or Android device on which the App is installed, the features related to the geolocation service and recording of routes travelled, the sharing of routes with other users of the App, the community services (possibility to invite other users on suggested routes, comment on the routes and share photos), the geolocation service of Ducati workshops in connection with the geographical location, the recording of riding parameters, and can receive warnings on bike maintenance and conditions, promotional information services. The data relating to the geographical location of the User and his/her movements will be processed solely to activate the functions of the App, where such services are requested by the User. The User's data will be recorded both on the User's device and on Ducati's servers, so that the User can also access them, when available, through Ducati's MyDucati platform and use them even in the event of subsequent replacement or loss of his/her device. The data recorded through the App may be deleted by the User at any time through the App or the MyDucati account. After 12 (twelve) months have elapsed since the App was last accessed and the MyDucati account was last accessed, the data recorded by the App on Ducati's servers will be deleted. The data will not be disclosed, unless such disclosure is expressly requested and made by the User himself/herself through the sharing tools available through the App
The personal data used for the operation of the App are acquired directly from the User, unless the User requests the login functions through social networks (so-called "social-login") at the first access/login, or subsequently if already registered. With Facebook (trademark of Facebook Inc.), Twitter (trademark of Twitter Inc.) or Instagram (Instagram's trademark) accounts it will be possible to login to the App. Ducati does not send any information about the User to the aforementioned social networks in the event of association.
The User's personal data, only with his/her specific and express consent, may also be processed by Ducati for further purposes, as detailed in the specific . drafted in accordance with art. 13 of the Privacy Code.
With reference to the processing of the User's personal data by Ducati within the context of the use of the App, see the specific drafted in accordance with art. 13 of the Privacy Code.
In his/her capacity as an Interested party, the User enjoys the rights provided under reported below. To exercise said rights, including deletion of data, or obtain an updated list of the Data Processors appointed by Ducati, universal toll-free number 00800 00382284 or send an e-mail to firstname.lastname@example.org, or a fax message to +39-051-6413268.
In the event that the User intends to share information through the App, including personal data relating to any third parties (such as, for example, photographs), via computer network (through Facebook, trademark owned by Facebook Inc., or Twitter, trademark owned by Twitter Inc.) the User is urged to verify that such sharing is in compliance with applicable privacy laws and does not infringe any rights of third parties. In this case, the User will be solely responsible for violations of the regulations on the processing of personal data through the App to the detriment of third parties.
The App is provided "as is", without any explicit or implicit guarantee on the part of Ducati.
Ducati does not guarantee (i) that the App will meet the specific needs of the User; (ii) that the App will be operating in combination with other hardware, software, systems or data not indicated or managed by Ducati; (iii) that the effectiveness and operation of the App will be uninterrupted or error-free; (iv) that all errors of the App can be corrected. In particular, Ducati does not guarantee the correctness and reliability of the data and information provided by the App regarding the use of the bike, geographical maps, the geographical location of the User, and the operation and maintenance of the bike.
Ducati expressly excludes all guarantees and conditions, express, implicit or statutory, including, among others, the implicit guarantees and/or conditions of satisfactory quality, suitability for a specific purpose, absence of defects or flaws, precision, trouble-free enjoyment and non-infringement of third parties' rights.
With the exception of cases of wilful misconduct or gross negligence, it is understood that in no case shall Ducati be liable for any direct, indirect, incidental, special or consequential damage, including, by way of example, loss of profits, data or use, incurred by the User or any third party in connection with the use or non-use of the App by the User or third party or the performance of an obligation arising from this contract.
Ducati, Facebook Inc., Twitter Inc., Google Inc., Apple Inc. and any other operators indicated in the App that manage social networks are completely independent and distinct from Ducati. Ducati shall be liable neither for the activity that the User decides to carry out through said operators, even if such activity may be connected to the App and its contents, nor for the activities of said distinct operators towards the User.
The User is aware of and accepts the possibility that other users of the App or of social networks connected to the App may independently create and share content through the App or said social networks, comment on the routes and activities of the User shared through the App. Ducati shall not be liable for the activities of said users, each user of the App being solely responsible for the contents generated and shared by him/her. For any claim or action in reference to the above-mentioned contents generated and shared by the App users, the User acknowledges and agrees to act only against the subject(s) other than Ducati, author(s) of said contents or sharing them.
The User is in any case invited to inform Ducati of any incorrect or inappropriate use of the App to the addresses indicated in art. 10 below.
This clause about liability is not intended to limit Ducati's liability in violation of the law provisions applicable to this contract, nor to exclude them in cases where they cannot be excluded. An applicable national law may provide for cases in which Ducati's liability cannot be limited; in such cases, this waiver clause applies only to the extent permitted by law or does not apply at all, if not permitted.
10. Reports and contact details.
The User may at any time contact Ducati, provide suggestions or send notices to the following addresses: universal toll-free number 00800 00382284, email email@example.com, fax +39-051-6413268.
The User acknowledges that:
- he/she must check that his/her vehicle is in perfect working and maintenance condition before using it;
- he/she must check the condition of the vehicle's tyres periodically;
- he/she must wear and fasten a helmet, gloves and appropriate clothing with suitable safety protections when riding the motorcycle;
- he/she must strictly observe speed limits and road traffic regulations;
- he/she must take care when riding, and must adapt speed to traffic and weather conditions in all circumstances;
- he/she must not get distracted while riding, also making sure that the device on which the App is installed is properly stored or firmly anchored to the motorcycle;
- the indications on the geographical position of his/her device, as processed by the App, may be inaccurate;
- his/her device's GPS service may not be available or may not work in some areas;
- geographical maps may contain errors or may not be up-to-date;
- some features of the App may not work properly in certain circumstances due to the unavailability of a data network connection, the absence of GPS signal or other technical features not available at the time of use of the App;
- the data recorded or shown by the App may not be correct and/or correspond to those indicated by the instrument panel of the motorcycle;
- he/she must always check that the configuration of the riding parameters and/or of the instrument panel made with the App has been correctly carried out, by checking the settings displayed on the motorcycle instrument panel. Ducati shall not be liable for any incorrect setup of the riding parameters and/or the instrument panel made through the App.
In the event that any provision or clause of this contract, of parts thereof, is held invalid, void or unenforceable, the remaining provisions, clauses or parts thereof shall remain in full force and effect and so shall the contract as a whole.
13. Governing law and consumer protection.
This contract between the User and Ducati is drawn up, regulated and must be construed, applied and enforced exclusively in accordance with Italian law.
In the event that the User is a "Consumer" in accordance with the Italian Consumer Code (Legislative Decree No. 206/2005), i.e. a "natural person acting for purposes other than his/her trade, business, craft or profession", the consumer protection regulations will apply to this contract.