Public Offer

This document is a public offer under Articles 633, 641 and 642 of the Civil Code of Ukraine and Article 11 of the Law of Ukraine “On Electronic Commerce” and sets out the terms of the agreement for access to the NaviZone platform (the “Offer”, the “Agreement”). By registering in the web cabinet or the mobile app, paying for a plan or starting to use the platform, you (the “User”) fully and unconditionally accept these terms. If you do not agree with any term, do not use the platform.

1. Definitions

Platform — the NaviZone software: the my.navi.zone web cabinet, mobile apps, data-receiving servers, notifications and reports. Services — access to the Platform under the selected plan. User — an individual aged 18 or over, a sole proprietor or a legal entity that has accepted the Offer. Consumer — a User who is an individual using the Services for personal purposes unrelated to business or professional activity. Equipment — GPS trackers, sensors, SIM cards and other devices that send data to the Platform. Monitoring Data — coordinates, speed, sensor readings, events, Equipment identifiers and other data received from Equipment or entered by the User. Partner — an independent party that, under a separate agreement with the User, installs Equipment or connects the User to the Platform. App Store — Apple App Store or Google Play.

2. Parties and acceptance

The Services are provided by DB CONSULTING LLC (ТОВ «ДБ КОНСАЛТИНГ»), EDRPOU code 45916064, Ukraine (“NaviZone”, “we”) under an agreement with the owner of the Platform and the NaviZone® trademark, who is listed as the app developer in the App Stores (the “Rights Holder”). For App Store purchases where the Rights Holder is listed as the seller, “NaviZone” also includes the Rights Holder: all of NaviZone’s rights, limitations of liability and other protective provisions of the Offer also apply for its benefit.

Acceptance of the Offer is any of the following: registering an account and confirming consent, paying for a plan, or actually starting to use the Platform. The Agreement is concluded electronically upon acceptance, without a paper copy. We keep records of acceptance (email, date and time, Offer version, platform, IP address) as evidence of the Agreement; the User agrees that such electronic records are proper evidence.

A person accepting the Offer on behalf of a legal entity or sole proprietor confirms that they are authorised to do so; otherwise they are personally liable under the Agreement.

3. Subject matter

NaviZone provides the User with subscription access to the Platform within the selected plan, and the User pays for the Services. Features, object limits, history depth and other parameters are defined by the plan in force at the time of payment.

The Platform is an information service that processes and displays data sent by the User’s Equipment. NaviZone does not sell or service Equipment, SIM cards or connectivity unless expressly agreed in a separate written agreement. We may update, change or remove individual features provided this does not materially impair the core purpose of the paid plan.

4. Account and security

The User must provide accurate information, keep account access confidential (email, sign-in codes, devices with biometrics) and notify us immediately of any unauthorised access. All actions performed through the User’s account are deemed the User’s actions until the User notifies us of a compromise. The User grants and revokes access for other persons (shared access, employees) and is responsible for their actions as for their own.

5. Acceptable use

The User must not: use the Platform for unlawful purposes or for stalking, tracking a person without legal grounds, blackmail or threats; attempt unauthorised access to the Platform, other accounts or data; decompile, disassemble or modify the software or circumvent technical restrictions, except where expressly permitted by law; scrape data, create excessive load or distribute malicious code; resell, rent out or provide the Services to third parties as their own service without NaviZone’s written consent; use the Platform in the interests of the aggressor state, persons sanctioned by Ukraine, the EU or the UN, or in the temporarily occupied territories in breach of Ukrainian law.

A breach of this section entitles NaviZone to suspend access immediately under section 10.

6. Lawful monitoring

The User warrants that it: owns or lawfully uses the vehicles and Equipment being monitored; has a legal basis for processing the data of persons driving or travelling in the vehicles; before monitoring starts, has informed employees and drivers in writing of its purpose, scope and duration and, where required by law, obtained their consent — in accordance with the Law of Ukraine “On Personal Data Protection”, the Labour Code of Ukraine and, where applicable, the GDPR.

Covert monitoring of people without their knowledge, tracking vehicles that do not belong to the User and using the Platform to control other people’s private lives are prohibited.

The User alone determines the purposes and means of processing Monitoring Data and bears full responsibility for the lawfulness of monitoring. NaviZone does not verify the grounds for monitoring but may suspend access and disclose data to the competent authorities upon a lawful request or reasonable evidence of a breach.

7. Plans, trial and automatic renewal

Current plans are shown on the website, in the cabinet and in the app. Prices are stated in US dollars; payment in hryvnia is made at the exchange rate shown before payment. Prices include taxes unless stated otherwise. There is no free plan.

Annual plans include a 7-day trial, once per account and per User. If the subscription is not cancelled before the trial ends, the price of the selected plan for the full period is charged.

The subscription renews automatically for the same period until the User cancels it before the end of the current period. We may change prices; a new price applies from the next period and only after at least 30 days’ notice. A User who does not accept the new price cancels the subscription before it applies.

For annual subscriptions paid on the website we send an email reminder at least 7 days before the charge. Payment overdue by more than 7 days entitles us to restrict access until the debt is paid.

8. Purchases through the App Store and Google Play

In the App Stores the NaviZone app is published by the Rights Holder; paying for a subscription in the app is payment for NaviZone Services under this Offer. Subscriptions purchased through an App Store are paid, renewed, cancelled and refunded under that store’s rules; NaviZone has no access to payment details and cannot issue refunds on the store’s behalf.

For the app downloaded from the Apple App Store: this Agreement is concluded between the User and NaviZone, not Apple Inc.; NaviZone, not Apple, is responsible for the app, its support, maintenance, any claims relating to it and the defence of intellectual property rights; Apple has no obligation to provide support for the app; if the app fails to conform to any warranty, the User may notify Apple, which will refund the purchase price, and Apple has no other warranty obligation; the User confirms that they are not located in a country subject to a US Government embargo and are not on any sanctions list; Apple and its subsidiaries are third-party beneficiaries of this Agreement and may enforce it against the User.

9. Right of withdrawal and refunds

A Consumer who paid for a subscription on the website may withdraw from the Agreement within 14 days of the conclusion of the Agreement (the date of subscribing) without giving reasons by sending a notice to info@navi.zone from the account’s email address. By subscribing, the Consumer requests that the Services start immediately; the refund is therefore reduced by the value of the period actually used, pro rata by days. Refunds are made by the same payment method within 14 days of receiving the notice.

Refunds for App Store purchases are handled by the store. For business Users and legal entities the unused period is not refunded except as provided in this Offer or by law.

10. Term, cancellation, suspension and termination

The Agreement remains in force until terminated. Cancelling is as easy as subscribing: in the cabinet, in the app or in the App Store. Access remains until the end of the paid period.

NaviZone may suspend or restrict access: immediately — if there is a threat to the security of the Platform or other users, a breach of sections 5 or 6, or a lawful request of a public authority; after email notice — if payment is overdue by more than 7 days or another breach of the Agreement is not remedied within 7 days. Access is restored once the cause is removed.

NaviZone may terminate the Agreement unilaterally: for repeated or serious breach of sections 5 or 6 — without refund; for any other reason, including discontinuation of the Platform — with at least 30 days’ notice and a pro rata refund of the unused paid period.

11. Data, backups and export

Monitoring Data is stored within the history depth of the plan. The User is responsible for exporting the reports and data it needs (Excel, PDF, CSV) in good time and keeping its own copies; NaviZone is not obliged to keep data beyond the periods stated in the Offer and the Privacy Policy.

After the Agreement ends, the account and Monitoring Data are deleted within 30 days, or within 72 hours at the User’s request; documents we must keep under tax and accounting law are retained for up to 3 years. Deleted data cannot be restored.

The Platform is not a measuring instrument, a tachograph or a certified fuel accounting system. Monitoring Data reflects information received from Equipment, may contain errors and gaps, and is not official confirmation of mileage, fuel consumption, time or location.

12. Equipment, connectivity, third-party services and Partners

The accuracy and continuity of data depend on GPS/GNSS and mobile network coverage, the condition and configuration of Equipment, SIM cards, power supply and mobile operators, none of which NaviZone controls.

The Platform uses third-party services (maps based on © OpenStreetMap contributors data, Apple and Google notification services, payment services, App Stores). Their availability and terms are set by the respective providers.

Partners are independent parties, not representatives or employees of NaviZone. NaviZone is not responsible for the sale, installation, configuration or repair of Equipment by Partners, or for their prices, warranties and promises unless confirmed by NaviZone in writing.

13. Warranties

The Platform is provided “as is” and “as available”. We make commercially reasonable efforts to keep it running but do not warrant uninterrupted or error-free operation, compatibility with any particular Equipment or fitness for the User’s particular purpose. Features marked as beta or test are provided without warranty and may be changed or discontinued.

NaviZone is not a security, rescue or emergency service. The Platform is not intended for decisions on which human life or health depends and does not replace an alarm system or insurance. In an emergency, call 112.

For Consumers, these provisions do not limit warranties that cannot be excluded by law.

14. Limitation of liability

NaviZone is not liable for: theft, damage or loss of vehicles, cargo or other property; decisions made on the basis of Monitoring Data; fines and penalties imposed on the User; loss of profit, revenue or goodwill, or indirect and consequential damages; loss of data caused by Equipment, the User or third parties; failures of mobile operators, hosting providers, payment systems and App Stores.

NaviZone’s aggregate liability for all claims relating to the Agreement is limited to the amount actually paid by the User to NaviZone in the 12 months preceding the event giving rise to the claim.

These limitations do not apply to damage caused intentionally or through NaviZone’s gross negligence, to harm to life or health, or wherever limitation of liability is prohibited by law, including with respect to Consumer rights.

15. Indemnity

The User shall indemnify NaviZone against losses, fines, court costs and legal fees arising from third-party claims (including employees, drivers and public authorities) in connection with the User’s breach of sections 5 or 6, data protection law or third-party rights, or with data and materials the User uploads to the Platform. NaviZone will notify the User of such a claim and provide reasonable assistance at the User’s expense. For Consumers this section applies to the extent permitted by law.

16. Force majeure

The parties are released from liability for non-performance caused by force majeure: martial law and hostilities, missile, drone and other strikes, occupation, mobilisation, power and communication outages, decisions of public authorities, cyberattacks, failures of mobile operators, hosting providers, payment systems and App Stores, natural disasters, epidemics and other circumstances beyond a party’s reasonable control. Deadlines are extended for the duration of such circumstances. Generally known circumstances, including martial law in Ukraine, may serve as evidence without a separate certificate unless the law requires otherwise.

17. Intellectual property and trademark

The Platform, apps, software code, databases, design, texts, documentation and the NaviZone® trademark belong to the Rights Holder and are used by DB CONSULTING LLC under an agreement with it. NaviZone® is a trademark registered in Ukraine.

The User receives a non-exclusive, non-transferable, revocable, non-sublicensable licence to use the Platform for its intended purpose during the paid period. Any other use, copying, creation of derivative products, or use of the trademark, logo or confusingly similar domain names without NaviZone’s written permission is prohibited. Partners may use the trademark only within the scope and on the terms of a written permission.

Monitoring Data belongs to the User. NaviZone uses it only to provide the Services and uses anonymised aggregate statistics to improve the Platform. NaviZone may use suggestions and feedback about the Platform without restriction or compensation.

18. Confidentiality

Each party keeps confidential the non-public information of the other party received in connection with the Agreement and uses it only to perform the Agreement. This does not apply to publicly available information or to disclosure required by a lawful request of a public authority or court. The obligation lasts for the term of the Agreement and 3 years after it ends.

19. Personal data

Personal data is processed in accordance with the Privacy Policy, which forms an integral part of the Offer. For Monitoring Data the User is the controller and NaviZone is the processor, processing it only on the User’s instructions under section 24. By accepting the Offer the User instructs NaviZone to carry out such processing.

20. Notices and electronic documents

Notices under the Agreement are sent to the email address in the User’s account or through the cabinet or app and are deemed received on the day they are sent. The User sends notices to info@navi.zone. The parties recognise the legal force of email correspondence and electronic documents. Invoices and acts for legal entities are provided electronically; an act is deemed approved if no written objections are received within 5 business days.

21. Disputes and governing law

The Agreement is governed by the law of Ukraine. Disputes are resolved by negotiation; a claim is reviewed within 30 days of receipt. If no agreement is reached, the dispute is referred to the court at NaviZone’s location.

These provisions do not deprive Consumers of rights granted by mandatory law of their country of residence, including the right to bring proceedings where they live.

22. Changes, language and final provisions

NaviZone may amend the Offer by notifying Users at least 30 days in advance by email or in the cabinet or app. The current version with its date is published on the website; previous versions are available on request. Continued use of the Platform after the changes take effect means acceptance; a User who disagrees may cancel the subscription before then and receive a pro rata refund of the unused paid period.

The Offer is concluded in Ukrainian; the English translation is provided for convenience, and the Ukrainian version prevails in case of discrepancies.

If any provision is held invalid, the rest of the Agreement remains in force. The User may not transfer its rights and obligations without NaviZone’s written consent; NaviZone may transfer them to a legal successor or to a party to which the Platform is transferred, with notice to the User. Sections 11, 14, 15, 17, 18 and 21 survive termination. The Offer together with the Privacy Policy is the entire agreement of the parties on its subject unless the parties have signed a separate written agreement.

23. Details and contacts

DB CONSULTING LLC (ТОВ «ДБ КОНСАЛТИНГ»), EDRPOU code 45916064, Ukraine.
Email: info@navi.zone. Website: navi.zone.

Annex 1. Data Processing Terms (DPA)

Subject matter and duration. As processor, NaviZone processes personal data contained in Monitoring Data and account users’ data (the User’s drivers, employees and contact persons: coordinates, speed, events, Equipment identifiers, names, emails, phone numbers) to provide the Services for the term of the Agreement.

Instructions. NaviZone processes the data only on the User’s documented instructions, which are this Agreement and the settings made by the User on the Platform, except where processing is required by law.

Personnel and security. Only persons bound by confidentiality have access to the data. NaviZone applies the security measures described in the Privacy Policy: encrypted connections, access control, backups and access logging.

Sub-processors. The User gives general authorisation to engage the sub-processors listed in the Privacy Policy. We notify the User of new sub-processors at least 14 days in advance; the User may object and, if the objection is not resolved, terminate the Agreement with a pro rata refund. NaviZone is liable for its sub-processors as for itself.

Assistance. NaviZone assists the User in responding to data subject requests and in meeting obligations on security, impact assessments and incident notifications, to an extent reasonable for a service of this type.

Incidents. NaviZone notifies the User of a personal data breach without undue delay and no later than 48 hours after becoming aware of it.

Return and deletion. After the Agreement ends, data is deleted within the periods in section 11; before that the User may export it.

Audit. NaviZone provides the information needed to demonstrate compliance with these terms on a reasoned written request no more than once a year; on-site audits by agreement and at the User’s expense.

International transfers. Carried out on the terms of section 5 of the Privacy Policy.