Termes et conditions

1. The parties

Your use of FIA Smart Driving Challenge app and its software (collectively referred to as "the Service") is subject to these FIA SDC terms and conditions (the “Terms”) which constitute an agreement between you and Greater Than Svenska AB, ("Greater Than"), at Karlavägen 60, 114 49 Stockholm, Sweden. In these Terms the words “we”, “our” and “us” refer to Greater Than Svenska AB and FIA Smart Driving Challenge and “you” refer to the user of the Service.

2. Acceptance of the terms

Please read these Terms carefully and all other rules and guidelines that we may communicate to you from time to time through the Service, including the Privacy Policy for customers using FIA SDC App (“Privacy Policy”) which we refer to in the Terms before using the Service. By using the Service, you indicate that you have both read and accepted these Terms. If you do not agree to these Terms, do not use the Service.

3. FIA Smart Driving Challenge Service

We hereby grant you a non-exclusive, time-limited, non- transferrable, non-sub-licensable, revocable right to use the Service (including the software) for non-commercial purposes, subject to these Terms.

4. Using the Service

You must be 16 years or older to use the Service. You may use the Service solely for private and personal purposes. You must not use the Service commercially. For example, you may not offer to third parties a service of your own that uses the Service. You may not resell or redistribute the Service, offer it for rent or lease, offer it to the public via communication or integrate it within a service of your own, without the prior written consent of us.

You must not copy, print, save or otherwise use the data from the site; https://www.fiasmartdrivingchallenge.com (“the Site”) or the Service. When using the Service and/or the Site you may not engage in scraping, data mining, harvesting, screen scraping, data aggregating indexing or other tools. You agree that you will not use any robot, spider, scraper or other automated means to access the Site or the Service for any purpose without the express written permission of us. The Service may not be used in any way not expressly permitted by these Terms.

As the Service continue to evolve, we may change or discontinue all or any part of the Services, at any time without notice in our sole discretion. When you are using the Service, we will in the Service utilize and base our assessment on main parameters on you as a driver, such as your acceleration, speed, brakes, curves, G-forces, speed, longitude, latitude, altitude, course, RPM, VIN, time and your carbon dioxide emissions in order to rank and evaluate you as a driver. This enables the Service to create a crash probability score and/or a climate impact score, which will then be sent to your insurance company to determine your insurance premium based on how you have been driving. As a driver, you can influence your score by driving more safely and environmentally friendly.

5. Use of Service

You agree and acknowledge that you assume full exclusive and sole responsibility for the use of the Service and that the use of the Service is entirely at your own risk. It is strictly forbidden to send or view any content - while driving. You may just use the Service after you have stopped your vehicle in an appropriate location permitted by law. Always drive vigilantly according to road conditions and in accordance with traffic laws.

6. Trials

From time to time, we or our FIA Smart Driving Challenge partner may offer trials of any of the subscriptions. We reserve the right, in our absolute discretion, to determine your eligibility for a trial, and to withdraw or to modify a trial at any time without prior notice and with no liability.

When you have been offered free trial, you will be informed before the trials runs out how you shall activate a subscription. If you haven’t activated any fee-based Service before the free trial ends will your account, be changed to a free Service subscription.

For some trials, we’ll require you to provide your payment details to start the trial. At the end of such trials, we may automatically start to charge you for the FIA Smart Driving Challenge Subscription Service on the first day following the end of the trial, on a recurring monthly basis. By providing your payment details in conjunction with the trial, you agree to this charge. If you do not want this charge, you must change your Subscription to the free Service through your FIA Smart Driving Challenge account’s settings before the end of the trial.

7. Registration information

Use of the Service require registration. When you sign up for a FIA Smart Driving Challenge account, you are required to provide information such as your name, email, country, username, and password. You will be able to register other user information, like your gender, birthday, address, partner code and membership code to the partner. You must always provide full, accurate and truthful information. We take no responsibility for the information you have provided to sign up an account and to use the Service. Providing wrongful or erroneous information might prevent you from using the Service. Registration data will be used to identify you when you use the Service. The registration data may be used for FIA Smart Driving Challenge to announce and for the user to join event, competition, take part of communication and promotions for specific user groups. The registration data may be visible for other users.

8. User, username and password

Users of this Service are solely responsible for keeping usernames and passwords safe, not to share user accounts for users outside the user's business, not to abuse account, not to impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, incl. using another person’s username, password or other account information or lend your account to any person / organization / company outside the company. Access to and use of password protected and / or secure areas of this Service is restricted to authorized users only. Unauthorized visitors attempting to access these portions of the Service can be search and prosecuted. We may suspend or terminate your account and your ability to use the Service for failure to comply to these Terms or any special terms related to a particular Service. You agree to notify us promptly at info@greaterthan.eu of any authorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Service.

9. Processing and transfer of personal data

You hereby acknowledges that by using the Service you have been informed of how we are processing your personal data in accordance with our Privacy Policy which can be found on our website; https://www.fiasmartdrivingchallenge.com You hereby acknowledge and agree that by giving us your private or personal user information through the Service, you accept and consent that your personal data is processed in accordance with the Privacy Policy and that the personal data are transferred across international boundaries to the extent necessary to process the information within our business in accordance with the Privacy Policy.

10. User content

The Service allows all users of the Service to submit and post information and content such as your score, competitions, events, message, and other media content to other users ("Submissions" or "Content "). You assume sole responsibility for your Submissions and for the consequences of posting them. Share only information and activities with people you trust, or you can accept to be public. You may not submit and post illegal and/or improper Content and information in the Service. We may suspend or terminate your account and your ability to use the Service for failure to comply to these Terms or any special terms related to a particular Service. We continuously monitor that the Content and information that you publish in the Service comply with these Terms. You agree to notify us promptly at info@greaterthan.eu of any illegal and/or improper Content or in information that you become aware of involving or relating to the Service.

Your FIA Smart Driving Challenge information as scores, drives, awards, and friends are open to be reviewed by other FIA Smart Driving Challenge users.

The Internet connection is under your responsibility and at your expense. Transmitting and receiving real-time updates to and from the Service, require an online (WiFi/3G/4G/5G) connection between your cellular device and the Internet. The expenses of such connection are as prescribed by the agreement between you and your communication service provider (such as your cellular company), and according to its applicable terms of payment.

11. Location-based service

Certaines fonctionnalités du service utilisent la technologie GPS afin de déterminer votre position. Ces fonctions ne peuvent être fournies sans l'utilisation de cette technologie.

12. Groups

If you have joined FIA Smart Driving Challenge trough an FIA Smart Driving Challenge partner you will automatically join the group. An FIA Smart Driving Challenge partner is normally an organization or a company.

13. Cookies

We may use cookies to make the Site even better for you. Cookies are information stored on your computer, mobile phone or other device. Cookies can be used for saving and you need to re-enter username and password every time you log-in. We may use cookies information to collect statics, improve functionalities and for security. You can block the use of cookies by changing settings in your browser. Be aware of disabling cookies may complicate your use of FIA Smart Driving Challenge app.

14. Aggregated data

We use anonymous, statistical, and aggregated information to promote the world largest CO2 initiative, spread knowledge to partners and other third party, improve and create services and features. Aggregated data may be used for commercial use.

15. Changes in the terms and regulations

You agree to use the Service in compliance with these Terms and all applicable laws and regulations, including local laws of the country or region in which you reside in or use the Service. We reserve the right to change these Terms at any time and users are responsible to inspect the changes and are automatically bound by any changes in these Terms. The changes of the Terms will be displayed on our website; www.greaterthan.eu. Your continuing use of the Service will indicate your acceptance of the updated Terms. If you don’t agree with the updated Terms avoid further use of the Service.

16. Violation of Rules

We reserve the right to seek redress to the full extent permitted by law for breaches of these Terms and regulations, including the right to deny access to the Service.

17. Rights in content

When you submit Content to be published on the Service, you represent and warrant that you own all intellectual property rights in the Content; that you are permitted to publish the Content and to permit us to publish the Content and exploit all intellectual property rights in and to the Submissions; and that such Content does not violate these Terms or other terms applicable to the Service and/or third party rights. You acknowledge that your use and reliance upon any user Content posted in the Service is at your own risk and we specially disclaim all liability in connection therewith. We receive no ownership rights in and to the Content of your Submissions. However, by submitting User Submissions to us, you hereby grant us and the users of the Service an irrevocable, worldwide, perpetual, non-exclusive, royalty-free, sublicensable and transferable license to use, edit, reproduce, modify, adapt, copy, distribute, prepare derivative works, display in public and publicly perform the Content you make available on the Service. The license granted to us in and to your Submissions is not limited to personal uses, but also extends to any commercial use, at our sole and absolute discretion. Other users may only use your Content for non-commercial purposes, unless otherwise permitted in advance in writing by us (for the purpose of which you authorize FIA Smart Driving Challenge to be your agent)

18. Intellectual property rights

We retain all right, title and interest in and to the Service and the trademarks, logos, text, graphics, images, audio, video, tagline and other material, and service marks and all modifications, enhancements and derivative works thereof, all related inventions, know-how, designs, methodologies, documentation, reports and specifications, all data generated from your use of the Service and analytics relating to such data (collectively referred to as "Marks") which are the intellectual property rights owned or controlled by us or other companies or third parties that have licensed their Marks and Content to us. It is prohibited for users to use any Marks for any purpose, including but not limited to, use as metatags on other pages or Services on the World Wide Web without the written permission of us or third party that may own the Marks. All information and content including any software programs available on or through the Service ("Content") are copyrighted. It is prohibited for users to modify, copy, distribute, extract, transmit, display, distribute, publish, license, create derivative works or using any Content and/or Marks available on or through the Service for commercial or public purposes. Except as otherwise provided in these Terms, these Terms does not grant you any right to use such Content or Marks nor does it guarantee that such Content and/or Mark will continue to be available to you.

19. Exclusion of warranties

We make no representations or warranties about the accuracy, reliability, completeness or timeliness of the Submissions, Service or about the results to be obtained from using the Site, the Content of your Submissions and/or the Service. Any use of your Submissions, the Service and Site is at your own risk. Changes are periodically made to the Site and Service and may be made at any time. We further reserve the right to modify, suspend, or discontinue the Service on or feature of the Service and Site (including any changes to or removal of your Content) at any time with or without notice to you, and we shall not be liable to you or to any third party should it exercise such rights. Some content in the Service or Site may be provided by third parties, and we will not be held responsible for any such content provided by third parties.

We cannot be held liable for the accuracy or reliability of any opinion, recommendation or statement conveyed through the Service from a party other than us. We can under no circumstances be liable for any kind of loss or damage caused by information from this Service. The user is responsible for assessing opinions, advice or other content made available through the Service. Users are recommended to contact professional advisers from us if necessary to evaluate a specific idea, a council or other content.

20. Indemnity

By using the Service, you agree, to the extent permitted by law, to defend, indemnify, and hold us harmless , our officers, directors, employees, successors, assigns, customers, distributors and agents, from and against any claims, actions, damages or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or misuse of the Service or any Content and/or Third Party Materials, (ii) breach of these Terms or your violation of any law and/or the Terms or rights of a third party.  We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of these claims. You may not settle any matter without the prior written consent from us.

21. Refund Policy

You have the right to refund your purchase within 14 days of the purchase. You will be refunded primarily through the same payment method that you paid for the Service with. The cost of standard delivery will not be included in the refund. The refund will not occur if you’ve used the Service within the 14 days. The refund will be sent when the ”dongle” (OBD-reader) has been returned to our office. The ”dongle” (OBD-reader) shall be returned to our office in standard packaging. Customer pays for the shipping fees.

22. Competition Rules

Chaque trajet de plus de 1 km pendant un événement est pris en compte dans le calcul des points. La distance totale parcourue pendant une épreuve doit dépasser 10 km.

Reckless driving is a score of 629 or below. All trips with a score of 630 or above, will be countable for the heat score. Should, during one heat, a driver score below 630 within five trips or within one trip that is over 50 km, the following actions will be taken:
1. The first time, the driver/competitor will receive a written warning.
2. The second time, the driver/competitor will receive a second written warning and will be disqualified from that current heat.
3. In case the same driver attempts to break the rules again in another heat during the season, the driver/competitor will be disqualified from the rest of that season.

23. Excessive driving

To prevent addictive driving and misuse of competition. During one calendar day from 00.00.00 to 23.59.59, only the first two trips of similar geography count to the scoring. The third trip of that similar kind will not be included into the driver score and visualized in the app, as “greyed out”. During one event, only 10 trips over seven days (max two per day) of the same kind will contribute to the driver score.

24. Privacy of users of communication

We reserve the right to use and exploit the information in such communications (including suggestions, knowledge and other intellectual property) in the parent companies, subsidiaries and affiliates for any purpose deemed appropriate by us.

25. Linked materials

We prohibit caching of unauthorized hypertext links to the Service and frame handling of Content made available through the Service. We reserve the right to disable any unauthorized links or frames and disclaims responsibility for the content on other Services linked to this Service. Connections to other Web Sites linked to the Service is at user's own responsibility.

26. Post and messages

For use in connection with electronic bulletin boards or chat pages on the Service. We have the right to review messages, information or content sent ("Messages") to the Service by users and acknowledges no liability or obligation relating to such messages.

We will occasionally check messages on the Service and may deny and / or delete messages with the following characteristics: Unlawful, harassing, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including but not limited to, material which may encourage crime, give rise to civil liability or otherwise violate any applicable local, state, national or international law. Advertisements or solicitations of any kind. You agree to notify us promptly at info@greaterthan.eu of any improper Messages in accordance with these Terms that you become aware of involving or relating to the Service.

Les messages d'employés de Greater Than qui ne sont pas des porte-parole autorisés, parlant au nom de Greater Than. Les messages qui proposent des téléchargements non autorisés d'informations protégées par le droit d'auteur ou privées. Les messages envoyés par les mêmes utilisateurs, avec un contenu similaire. Tous les types de lettres en chaîne.

27. Advertising

Some of the Service is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that we may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.

We may incorporate advertisements and/or information of commercial nature in the Service, the source of such information may originate from us or from third parties. If such information originates from third parties, we cannot guarantee its reliability or accuracy. It is underscored that the advertising of commercial content by us does not constitute a recommendation or encouragement to procure the goods or services advertised.

Insofar as the Service includes links to services or applications not operated or managed by us, we will not be liable for any form of liability arising from your reliance on, or in connection with, the content of such services and applications or any information provided by them, including but not limited to its completeness, accuracy, correctness, or it being up to date.

We will not be liable for any direct or indirect damage, monetary or otherwise, arising from your use of or your reliance on the content of services you have accessed via links on the Service.

28. Advertising campaigns

We may permit, solicit, or contract certain other companies to conduct advertising campaigns on the Services. The advertisements that you see when accessing the Services are redirected from the servers of those advertising companies and may be geographically or contextually targeted. Some advertisers may use cookies on your computer.

Les cookies leur permettent de collecter des informations sur les sections et les fonctions auxquelles vous avez accédé, les publicités affichées sur ces sites et les publicités que vous avez consultées. De cette manière, les annonceurs tentent de personnaliser les publicités en fonction de vos préférences et de leurs propres objectifs commerciaux.

The advertisers' use of cookies is subject to their own privacy policies and not to this Policy. If you wish to study the privacy policies of those advertisers, you should visit their services or contact them directly.

The Service may include an internal messaging system which provides you the ability to send and receive messages to and from other users, and to receive messages from us and from the third-party companies with advertisers we work with. You hereby agree that we, and or such third-party advertisers whom we allowed to conduct advertising campaigns on the Services, may use your contact details for the purpose of informing you regarding products or services, which may interest you and to send to your advertisements and other marketing material, transmitted to your internal messaging account. You further consent that we may send such information to the e-mail address you have provided.

The foregoing consent constitutes consent to transmission of advertisements, according to any applicable law. This consent applies on every massage sent via the Service by us.

Please note however that other FIA Smart Driving Challenge-users are not allowed to use your contact details or our internal messaging account for commercial advertising purposes. If you have encountered any user generated advertising material, please inform us through the "Contact Us" page on the Site www.fiasmartdrivingchallenge.com.

We do not accept any liability for any loss, damage, cost, or expense that you may suffer or incur as a result of or in connection with any user's advertising material.

You may withdraw your consent via written notice to us or on the same manner as the advertising was transmitted to you. It is clarified that we are not responsible for the content of said advertisements and the products delivered or services rendered thereby by third parties, and you irrevocably and unconditionally agree that shall not be held responsible or liable in connection thereof.

29. Availability

The Service is provided "as is". Sometimes the Services can be inaccessible or may be affected by faults or maintenance, or to circumstances beyond our control. No warranty is given for functionality, availability, or performance of our Services.

We reserve the right to modify, suspend or remove Content from our Services, to suspend your registration or access to our Services, or to cancel a place or Service feature at any time without informing and whether any breach of this Agreement occurs. You are responsible for charges to your ISP and all other fees associated with your use of our Services.

You must not damage, interfere with or disrupt access to our Services or their content, or do anything that may impair functionality or interfere with another person access to our Services or their content. You may not use the Services or their content in any manner that is unlawful or damaging us, its affiliates or any other person.

You agree and acknowledge that you assume full, exclusive, and sole responsibility for the use of the Service and that the use of the Service is entirely at your own risk. You acknowledge that you must observe all traffic laws while using the Service.

You agree and acknowledge that you assume full, exclusive and sole responsibility for the use of any hardware, laptop, pc, smartphone, OBD2-reader and car you use together with the Service is entirely at your own risk and we have no warranties in any case.

30. Limitation of liability

We, including our officers, directors, shareholders, employees, sub- contractors, agents and partners will not be liable for any direct, indirect, incidental or consequential damage, or any other damage, and loss (including loss of profit and loss of data), costs, expenses and payments, either in tort, contractual, or in any other form of liability, arising from, or in connection with the use of, or the inability to use the Service including liability associated with any viruses that may infect a user's equipment, or from any failure, error, or breakdown in the function of the Service, or from any fault, or error made by our staff or anyone acting on its behalf, or from your reliance on the Content of the Service, including, without limitation, content originating from third parties, or from any communication with the Service, or with other users on or through the Service, or from any denial or cancellation of your user account, or from retention, deletion, disclosure and any other use or loss of your Content on the Service. In any event, your sole remedy will be limited to correcting such errors, or malfunctions, and in the light of the relevant circumstances.

Additionally, and without derogating from the above clause, we will not be liable for any form of liability arising from your reliance on, or in connection with, the use of the content of commercial information posted on the Service. Such information may be presented in the Service (such as indications for the locations of establishments, their commercial offers, etc.) or otherwise.

Certain Services may display, include, or make available content, data, services, software, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third-party websites. By using the Services, you acknowledge and agree that we are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials or websites. We, our officers, affiliates, and subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you. We have no express or implied obligation to provide any technical or other support for such Third Party Materials. We will not be liable for any form of prizes set up by other users in the Service.

31. Termination

You may terminate your agreement with us by doing this yourself in the app with a notice period of one (1) month unless otherwise provided by other agreement you entered with us.  Your termination will be effective as from the last day of the ongoing subscription period in accordance with the agreement. Any fees already due or paid are non-refundable. You will still be liable to pay the subscription fees for any ongoing subscriptions. All provisions of these Terms which by their nature should survive termination will survive termination. You can stop using our Services anytime (regardless of whether you still need to pay for it or not). If you are dissatisfied with the Service your only remedy is to terminate your use of the Service by contacting us.

Upon termination of the agreement, you will immediately, and in no case later than ten (10) business days after the expiration or termination of your subscription, return any hardware provided for the use of Service to us or pay us the then current hardware fee. If we do not receive the hardware or payment within ten (10) days after the termination or expiration of your subscription, we reserve the right to charge your credit card or invoice for the applicable fee.

32. Other

If a user sends us any feedback or suggestions regarding the Service, the user grants us (for itself and all of its authorized users) an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use any such feedback or suggestions for any purpose without any obligation or compensation to the user.

Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, terrorism, riots, war etc.

If any provision hereof is declared invalid by a court of competent jurisdiction, such provision will be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions of these Terms will be valid and enforceable to the fullest extent permitted by applicable law.

We may assign an agreement under these Terms in whole to a third party, to an affiliate or to a successor in interest as part of a corporate reorganization, consolidation, merger, or sale of substantially all of its assets. You may not assign your rights or delegate your duties under these Terms either in whole or in part, by operation of law or otherwise, without the prior written consent of us and any attempted assignment or delegation without such consent (with such consent not to be unreasonably withheld) will be void. These Terms will bind and inure to the benefit of each party’s successors and permitted assigns.

This is the entire agreement between you and us relating to the subject matter herein, and supersedes all previous communications, representations, understandings, and agreements, either oral or written, between you and us with respect to said subject matter.

You agree to notify us promptly at info@greaterthan.eu of any violation of these Terms that you become aware of involving or relating to the Service.

33. Jurisdiction / Applicable Law

Swedish law applies and the Service is subject to Swedish law. Any dispute, claim or controversy arising out of, connected with or relating to these Terms, the software and the Service, will be under the exclusive jurisdiction of the competent court in the Stockholm, Sweden.

Last Modified: 2024-03-20

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