Terms and Conditions of Using Darwin Tracking Products
Definitions and Concepts:
1. Company: Fanavaran Ara Banta Company, trading under the name Darwin, or other suppliers designated by the company.
2. User: A natural or legal person who authorizes the installation of a tracking device on a vehicle and designates the user(s) of Darwin software.
3. Representative: A natural or legal person responsible for installing the device on the vehicle.
Terms and Conditions of Use
Darwin mobile applications and software are developed to enhance the security of users’ assets and are provided under the following terms and conditions. It is essential to read these terms carefully before using Darwin's products and services. Use of these products implies full acceptance of the following conditions and nullifies any future claims or objections in this regard. Note that the company may update the terms of use over time. Such changes will be announced through Darwin’s official communication channels and updated in this document. Continued use of Darwin products and services signifies acceptance of the new terms.
Note: Any symbol, number, word, image, or electronic sign that verifies the identity of the signer and is attached to this document or related documents shall be considered an electronic signature and shall have the same legal validity as a handwritten signature, binding the signer to the terms of the document.
Commitments and Privacy Policy
As the use of Darwin’s software services requires the installation of hardware with a SIM card inside the vehicle, the following terms apply to the use of Darwin’s hardware and software:
1. The user undertakes full responsibility for the use of the SIM card inside the device. The company or its representative shall not be liable for the performance or type of SIM card used.
2. The user confirms that they are the owner of the vehicle or have full authorization from the owner for installing the tracking device. Accordingly, the company or representative shall not be responsible for consequences arising from features such as vehicle location tracking or voice communication with the device.
3. The company commits to using all stored data on its servers, including location data and other data related to the tracking device or user information, solely for support and service purposes. This data will not be shared with third parties except upon legal request by competent authorities.
4. The user agrees to use the products and services provided by the company solely for lawful and legitimate purposes. The company or its representative bears no responsibility in the event of illegal use.
5. The user agrees to familiarize themselves with all device features and usage methods after installation and activation, using resources provided by the company (e.g., support calls, user manuals, instructional videos, etc.), and to use them knowingly and willingly. The company will not be liable for any issues or damages resulting from lack of user knowledge.
6. The user agrees to use the mobile applications and software provided by the company to operate the tracking device after purchase and activation. The company will not be responsible for support or troubleshooting if the user does not use the designated software.
7. The company shall not be responsible for the installation location or quality, operational limitations, or any damage to the device or vehicle resulting from such issues.
8. The user or owner is solely responsible for any information sent to the company, and the company assumes no liability regarding such information.
9. While the company will strive to protect, maintain, and recover user data, the responsibility for storing and backing up received data (including routes and tracking data) rests with the user. The company holds no responsibility in this regard.
10. As the tracking device may malfunction due to reasons such as vehicle power disruption, network issues, hardware failure, etc., it is the user's responsibility to monitor its proper functioning. The company assumes no responsibility. During the period of reporting and resolving issues with support, the user is responsible for ensuring the security of their vehicle.