Last Modified: November 25, 2022

 

These Terms of Use govern your use of navigation mobile app “NaviCY”. By using NaviCY (other than reading these Terms of Use for the first time) you are agreeing to comply with these Terms of Use which may change from time to time as set forth herein. 

These Terms of Use apply to the application published from November 25, 2022 under the name NaviCY 2.0 and its later versions.

You can find the previous Terms of Use here.

 

1. LICENSE.

1.1. General Description. NaviCY is a mobile application provided at territory of the Republic of Cyprus and can be used as follows: 

(a) view the map and get information about map objects;

(b) searching for objects through a search engine;

(c) build a route between two points;

(d) use navigation while moving along the route;

(e) designate objects as Favorite places.

 

1.2.   Application modes. If the Internet is available, the application works in a hybrid mode, receiving the most up-to-date information via the Internet. The speed of processing requests depends on the speed of the Internet connection. Also, NaviCY can work in an offline mode. The databases will be downloaded to your device when you install the app.

The download time of the database depends on the characteristics of your Internet and may take some time.

The databases will be updated automatically on a monthly basis.

1.3. Navigation can be carried out by the built-in offline voice navigation or third-party navigation applications of your choice.

1.4. License Conditions. As long as you follow these Terms of Use, we grant to you a non-exclusive, non-transferable, non-sublicensable license to download, install and use NaviCY at the territory of the Republic of Cyprus for your non-commercial purposes (the “License”).

 

2. PROHIBITED USE. When using NaviCY, you shall not:

a. Use information obtained from NaviCY or making profit, for example you are prohibited to sell or license information obtained from NaviCY; 

b. Use information to which the requirements of personal data law apply (in particular European Parliament and of the Council (EU) 2016/679 (GDPR) in violation of such law, for example: it is not a violation to call a phone number found through NaviCY to verify hours of operation, but you are prohibited to use such phone numbers for the purpose of advertising your services or products to the holders of such phone numbers;

c. Reverse engineer, disassemble, decompile, decode, adapt or otherwise attempt to derive or gain access to the source code of NaviCY, in whole or in part;

d. Use access to NaviCY, any other information for the purpose of building or replicating NaviCY;

e. Copy and (or) distribute NaviCY, in whole or in part;

f. Try to interfere with the operation of NaviCY, disrupt the process of providing NaviCY to other users or otherwise try to harm NaviCY and (or) its users (DoS, DDoS attack, etc.);

g. Use NaviCY in any other manner that is contrary to the law or these Terms of Use. 

 

3. OWNERSHIP.

3.1. NaviCY Ownership. We (and our licensors, where applicable) hold all and any rights to NaviCY (including all modifications and additions to NaviCY, any versions thereof), its parts and components, including databases, and other intellectual property, except as expressly granted to you herein.

3.2. Trademark Ownership. All trademarks, service marks, and trade names are owned, registered and (or) licensed by us (and our licensors, where applicable). You do not acquire a license or any ownership rights to any trademarks, service marks or trade names through your use of NaviCY.

 

4. NO WARRANTIES. 

4.1. NaviCY is provided “as is” and we (and our licensors, where applicable) expressly disclaim any warranties and conditions of any kind. We (and our licensors, where applicable) make no warranty that NaviCY: (a) will meet your requirements; (b) will be available on an uninterrupted, timely, secure, or error-free basis; (c) results that may be received using NaviCY to be accurate and reliable; and (d) quality of any information obtained using NaviCY meeting your expectations.

4.2. No advice or information, whether oral or written, obtained from us or elsewhere, shall create any warranty not expressly stated in these terms of use. You are solely responsible for any consequences of your use of NaviCY.

4.3. The provided routes and voice prompts are only advisory. Actual data may differ from those provided by the application. You are solely responsible for the safety and compliance with the Traffic Laws when choosing and following the route.

 

5. SUBSCRIPTION.

5.1. For the purpose of these Terms of Use the “Request” means the use of any function explicitly named in the description of the relevant tariff plan. Unfortunately, we have no way to check whether the Request was made by mistake, so any your use of any of such functions will be considered as a Request.

5.2. Free Use. 5.2. Free Use. Monthly you will have access to free use of the following Requests (up to the specified value, inclusive):

– 120 (one hundred and twenty) search engine uses.

– 60 (sixty) routes made

– 30 (thirty) launches of the navigation

– 30 (thirty) share your location

– Placement of 5 (five) objects in the section “Favourite places” in one category

When you exhaust the free usage of any type of Request, you will no longer be able to use that Request for free until the next month. Further use of the Request will be possible through a paid subscription, as described below.

When the use of one type Request is exhausted, you can continue to use the remaining Requests.

Available uses are updated on the first day of each month.

 

5.3. Subscriptions. A paid subscription allows you to make more Requests per month. There are two paid subscription plans:

Basic and Premium.

 

a. The Basic plan. Using The Basic plan you will have monthly access to use the following Requests (up to the specified value, inclusive):

– 360 (three hundred and sixty) search engine uses.

– 180 (one hundred eighty) routes made

– 100 (one hundred) launches of the navigations

– 100 (one hundred) share your location

– Placement of 100 (one hundred) objects in the section “Favourite places” in an unlimited number of categories.

 The cost of a subscription to the Basic plan is 5 (five) EUR per month;

 

b. The Premium plan.  Using The Premium plan you will have monthly access to use unlimited number of Requests:

– Unlimited search engine uses.

– unlimited routes made

– unlimited navigator launches

– unlimited share your location

– Placement of unlimited number of objects in the section “Favourite places” in an unlimited number of categories.

The cost of a subscription to the Premium plan is 10 (ten) EUR per month;

 

5.4. Unused Requests will not be carried over to the next month, except as expressly provided in the app store policy.

5.4. Other terms. All other subscription terms, including refunds, renewals and other subscription terms, are subject to the policies of the relevant app store from which you downloaded NaviCY, which may change from time to time.

 

6. THIRD-PARTIES.

6.1. App Store. You acknowledge and agree that the availability of NaviCY is dependent from the app store from which you downloaded NaviCY. You acknowledge that these Terms of Use are between you and us and not with the app store. You agree to comply with all applicable policies of relevant app store. In the event of a conflict between these Terms of Use and policies of relevant app store, the policies of relevant app store shall take priority.

6.2. Third-party service providers. In order to make NaviCY convenient for you, we use information and other services from third-party service providers, without which, in some cases, NaviCY will not function properly. This use allows us to provide you with more options within NaviCY, but since we have no control over the activities of third-party service providers, we cannot be responsible for or give any warranties with respect to them.

6.3. Databases. The databases (maps and business listings of the Republic of Cyprus) used in NaviCY are provided (licensed) by third-party providers, such as 2GIS Local Search Limited (2GIS), via 2GIS application programming interface (API). 2GIS remains the holder of exclusive rights to the provided databases. To get more information about 2GIS API service you can visit info.2gis.com.cy.We are not responsible for the accuracy of the information provided in such databases, nor can guarantee that access to them will always be uninterrupted and correct.

6.4. Navigation by third-party navigation applications. Navigation to the point selected in NaviCY can be performed by third-party navigation applications only after switching to a third-party navigation app installed on your device. When you switch to a third-party navigation app, you will be subject to the terms of use and data processing policies of that third-party navigation app. We are not responsible for your interaction with the third-party navigation app. In particular, we do not guarantee that the third-party navigation app will build a route to your selected point similar to the route suggested by NaviCY, since we do not share any data from NaviCY to the third-party app other than the point you have selected, so such app constructs the route itself. 

6.5. Ads. NaviCY may be supported by advertising revenues and we may place advertising, promotions or sponsored content (the “Third-Party Ads”). You acknowledge that we may not always identify Third Party Ads content. The manner, mode and extent of such Third-Party Ads content is subject to change without notice to you. We are not liable for any errors in content or omissions in any Third-Party Ads, nor responsible for any losses or damages of any sort incurred as a result of your participation with, use of, or reliance on the Third-Party Ads, including any goods, products or services offered by such Third-Party Ads. 

6.6. Amendments. You agree that our interaction with third parties depend on the terms and conditions of such third-party, and such terms and conditions can be amended at any time upon the initiative of a relevant third-party. Such amendments may make it impossible or significantly restrict the ability to use NaviCY, but is independent of our will and we are not responsible for it.

 

7. INDEMNIFICATION BY YOU. You agree to hold harmless and indemnify us and our authorized officers, directors, employees, agents, partners, licensors, resellers, successors and assigns from and against any third-party claim arising from or in any way related to your breach of these Terms of Use or your use of NaviCY in violation of applicable laws, rules or regulations, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of any kind and nature.

 

8. LIMITATION OF LIABILITY.

8.1. Limitations. You expressly understand and agree that we shall not be liable to you for any direct, indirect, incidental, special consequential, or exemplary damages incurred by you, including, but not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute services, or other loss. The foregoing limitations on our liability shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.

8.2. Cap on liability. If the limitation of liability provision under applicable law is held invalid, in any case, our cumulative liability for all claims arising from or relating to NaviCY shall be a maximum of 100.00 (one hundred) euro.

8.3. Force Majeure. In no event will we be liable or responsible for any failure or delay when and to the extent such failure or delay is caused by any circumstances beyond our reasonable control, including acts of God, flood, fire, earthquake or explosion, war, terrorism, invasion, riot or other civil unrest, embargoes or blockades, a national or regional emergency, internet connection degradation, strikes, labor stoppages or slowdowns or other industrial disturbances, a passage of a law or any action taken by a governmental or public authority, including imposing an embargo, export or import restriction, quota or other restriction or prohibition or any complete or partial government shutdown, or national or regional shortage of adequate power or telecommunications (including the deterioration of internet connection) or transportation.

 

9. TERM OF LICENSE.

9.1. Term. Your License is valid from the moment you consent to these Terms of Use and will remain in full force and effect until terminated as specified below.

9.2. Termination from your side. You may terminate your License with immediate effect by deleting NaviCY from your device. You understand that any termination may involve deletion of your user content. We will not have any liability whatsoever to you for any termination of your License, including deletion of your user content. Only if we continue to operate NaviCY, you may again download NaviCY, however, any user content cannot be restored.

9.3. Termination from our side. We may immediately terminate or suspend your License in the following cases: 

a. We have reasonable grounds to believe that you are in breach of these Terms of Use or our Privacy Policy (without prior notice to you);

b. For any other reason (with or without notice to you).

9.4. Effect of termination. Termination of your License by any reason does not bind us to return you any fees. Your obligations to pay off the outstanding payments to us, if any, shall remain in force after termination until their full performance.

 

10. CHANGES TO THESE TERMS OF USE. These Terms of Use may be modified from time to time. If we make changes, we will notify you of such changes in the pop-up window on your first start of NaviCY after such changes so that you could decide whether to accept it. Continued use of NaviCY upon the effective date of changes to these Terms of Use shall indicate your consent to such changes and agreement to be bound by the terms and conditions of such changes.

 

11. APPLICABLE LAW AND DISPUTE RESOLUTION.

11.1. Applicable law. Any issue which is not agreed in these Terms of Use will be governed by laws of the Republic of Cyprus.

11.2. Dispute resolution. The parties will endeavor to resolve all disputes, controversies, and claims that may arise in connection with the execution, termination, or invalidation of these Terms of Use by negotiations. The party which has any claims and (or) disagreements shall send a message to the other party indicating the claims and (or) disagreements that have arisen. If nevertheless a disagreement or claim was not solved by negotiations, such dispute shall be resolved in the competent court of Nicosia, Republic of Cyprus.

 

12. MISCELLANEOUS.

12.1. Severability. If any provision of these Terms of Use is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms of Use will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

12.2. Entire agreement. These Terms of Use is the final, complete and exclusive agreement between you and us with respect to the subject matters hereof and supersede and merge all prior discussions and agreements between the parties with respect to such subject matters (including any prior Terms of Use).

12.3. No waiver of rights. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

12.4. Titles and interpretation. The clause titles in these Terms of Use are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”.

12.5. Independent contractor. Your relationship to us is that of an independent contractor, and neither party is an agent or partner of the other.

12.6. Assignment. These Terms of Use and your rights and obligations herein may not be assigned by you without our prior written consent, and any attempted assignment in violation of the foregoing will be null and void. We may assign these Terms of Use without your consent. The terms of these Terms of Use shall be binding upon assignees.