TERMS OF USE (Website & Mobile App)

• Part A — Website (gazer.com)

  • 1. Acceptance of the Terms
    By using the Website, you confirm that you have read and accept these Terms. If you do not agree, please do not use the Website.
  • 2. Use of materials and content
    Unless otherwise stated, all Website materials (texts, images, logos, interfaces, design, software code and other elements) are the intellectual property of Gazer or are used lawfully. You may view and use the Website only for personal and lawful purposes.
    You must not:
    • copy, modify, distribute, publish or otherwise use the Website materials without our prior written consent, except where expressly permitted by law;
    • disrupt the operation of the Website or attempt to gain unauthorised access to our systems.
  • 3. Registration and account
    When registering on the Website, you agree to provide accurate information and keep it up to date. You are responsible for safeguarding your login credentials and for all actions performed under your account.
  • 4. Links to third-party resources
    The Website may contain links to third-party websites or services. We do not control them and are not responsible for their content, availability or data processing practices.

• Part B — Gazer CAR App and Service

  • 5. General provisions
    These provisions apply to the App, the Service and their use with the Products. By creating an account or using the App, you accept these Terms.
  • 6. Licence to use the App
    We grant you a limited, non-exclusive, non-transferable, revocable licence to install and use the App for personal lawful use to manage the functions of, and display information from, your vehicle and Product.
    You must not:
    • modify, decompile, disassemble or attempt to derive the source code of the App, except where expressly permitted by law;
    • bypass security measures, interfere with the operation of the App or Service, or use them for unlawful purposes;
    • use the App to access vehicles or accounts you are not authorised to use.
  • 7. Account, security and access
    An account is required to use the Service. Authentication may include a phone number, one-time codes, a password and a PIN. You agree to keep your access credentials confidential, not to share access with third parties and to notify us immediately at info@gazer.com if you suspect unauthorised access. You are responsible for actions performed through your account, unless they result from a breach of security on our side.
  • 8. Price and subscriptions
    The basic Service is free of charge. Optional paid subscriptions are purchased, renewed and cancelled through the App Store or Google Play under the terms of the respective store, including any statutory right of withdrawal. Your mobile operator may charge for data and SMS.
  • 9. Functionality, permissions and location
    Some features require an internet connection and phone permissions. The phone's location is used only for map features (for example "Show on map") and is not sent to our servers. If you disable location access, these features may be limited.
  • 10. Messages and notifications
    The Service sends push notifications, SMS and e-mail messages (for example security alerts and one-time codes) through the service providers listed in the Privacy Policy.
  • 11. Vehicle data and accuracy
    The Service displays data received from the Product installed in the vehicle, including location, trip history, telemetry and events. The accuracy and timeliness of the data depend on mobile network and GNSS coverage, settings, correct installation and the condition of the Product and the vehicle.
  • 12. Safety
    Do not use the App in a way that distracts you while driving. You are responsible for complying with traffic laws and safety requirements, including when using remote engine start. The App, the Service and the Products are supporting tools and cannot guarantee the prevention of theft, damage or other incidents.
  • 13. Updates and changes
    We provide updates, including security updates, that are necessary to keep the App and Service in conformity for the period you can reasonably expect. We may change or improve features for security, technical or legal reasons or to improve the Service. If a change negatively affects your access to or use of the Service more than slightly, we will inform you in advance, and you may end the Service free of charge.
  • 14. Suspension and termination
    We may suspend or terminate access to the Service if these Terms are seriously violated, if there are signs of abuse or security threats, or if required by law or competent authorities. Where possible, we will inform you in advance and give reasons.
    The Service is provided for an indefinite period. You may stop using it at any time by deleting your account (App: Settings → Delete account, or by e-mail to info@gazer.com). Deleting the account deletes all associated data, as described in the Privacy Policy.
  • 15. Use of product data (EU Data Act)
    This section is the agreement between you and Gazer on the use of data generated by the Products and the Service under Regulation (EU) 2023/2854 (the "Data Act").
    1. Scope. The type, format, volume, storage and retention of product data are described in Part C of the Privacy Policy.
    2. Use by Gazer. You agree that Gazer may use non-personal product data and related service data to provide, maintain and support the Service; to ensure the security and stability of the Service and the Products; to diagnose faults; and to develop and improve Gazer products and services. Personal data is processed only as described in the Privacy Policy.
    3. No sharing for third-party purposes. Gazer does not make non-personal product data available to third parties for their own commercial purposes and does not use it to derive insights about your economic situation, assets or production methods that could undermine your commercial position. Service providers acting on our behalf are not third parties for this purpose.
    4. Your access. You can access product data in the App in real time and request a full copy free of charge in a structured, machine-readable format (JSON or CSV) by e-mail to info@gazer.com.
    5. Sharing with a third party of your choice. At your request to info@gazer.com, Gazer makes the data available to a third party you designate, under the conditions of the Data Act. You may withdraw the request at any time.
    6. Security and trade secrets. Authentication and encryption keys and other data whose disclosure would undermine the anti-theft function are not provided. Trade secrets are disclosed only with appropriate confidentiality measures under Article 4 of the Data Act.
    7. Termination. You may end this agreement at any time by deleting your account. It also ends when the Service ends.
    8. Complaints. You may lodge a complaint with the competent authority in your Member State under Article 37 of the Data Act (in Germany: Bundesnetzagentur).
  • 16. Nature of the Service and warranties
    1. The App, the Service and the Products are tools that help protect and manage a vehicle. They are not an insurance policy, a security guard service or a guarantee that theft, damage or other incidents will be prevented or detected.
    2. The Service depends on mobile networks, GNSS signals, the vehicle's electrical system, correct installation and third-party services (for example app stores, push and SMS providers) that are outside our control. We do not guarantee that the Service, notifications or remote commands will be available, delivered or executed at all times, without delay or without errors.
    3. The Service is provided with the care that can reasonably be expected and in its current state. Beyond that and beyond your statutory rights, we give no warranties or guarantees, express or implied.
    4. Your statutory rights in relation to the Products, the App and the Service, including your rights as a consumer, are not affected by these Terms.
  • 17. Limitation of liability
    1. Unlimited liability. Nothing in these Terms limits or excludes our liability (a) for death or personal injury caused by our negligence; (b) for fraud or fraudulent misrepresentation; (c) for intentional misconduct or gross negligence; (d) under mandatory product liability law; or (e) for any other liability that cannot be limited or excluded by applicable law.
    2. Slight negligence. Subject to clause 17.1, where we act with slight (ordinary) negligence, we are liable only for the breach of essential obligations — obligations whose fulfilment makes the proper provision of the Service possible and on which you may regularly rely — and only for damage that was typical and foreseeable when the contract was concluded. In all other cases of slight negligence we are not liable.
    3. Excluded losses. Subject to clause 17.1, we are not liable for: (a) indirect or consequential loss; (b) loss of profit, income, business or business opportunity; (c) theft of or damage to the vehicle or its contents, unless caused by a defect of our Product or Service for which we are responsible under clauses 17.1 or 17.2; (d) loss or corruption of data, where the loss would have been avoided by the data access and copy options described in section 15; (e) fines, penalties, towing or parking charges.
    4. Causes outside our responsibility. We are not liable for damage caused by: (a) installation, repair or modification of the Product or the vehicle by persons not authorised by Gazer; (b) use contrary to these Terms, the user manual or the law, including use of remote engine start where it is prohibited or unsafe; (c) disclosure of your credentials or unauthorised access to your phone or account that is not caused by us; (d) failure of mobile networks, GNSS, power supply, the vehicle's electrical system or third-party services; (e) failure to install App or firmware updates provided by us.
    5. Maximum amount. Subject to clause 17.1 and to the extent permitted by applicable law, our total liability for all claims in any 12-month period arising from the App and the Service is limited to the higher of (a) the amount you paid for the Service in that period and (b) EUR 100. Claims relating to the Product itself remain subject to your statutory rights against the seller.
    6. Our representatives. The limitations in this section also apply to the personal liability of our employees, representatives and subcontractors.
    7. Your duty to mitigate. You must take reasonable steps to prevent and reduce damage, in particular by keeping the App, the Product firmware and your contact details up to date and by notifying us promptly at info@gazer.com of any malfunction.
  • 18. Events outside our control
    We are not responsible for delays or failures caused by events beyond our reasonable control, such as natural disasters, war, hostilities, power or network outages, cyber attacks we could not reasonably prevent, actions of authorities or failures of our service providers. We will take reasonable steps to limit the effects of such events.
  • 19. Misuse
    If you use the App, the Service or a Product unlawfully or in breach of these Terms (for example to track a vehicle or person without authorisation), you are responsible for any resulting claims of third parties against Gazer and for Gazer's reasonable costs of defending them, to the extent permitted by applicable law.

• Part C — General provisions

  • 20. Governing law and jurisdiction
    These Terms are governed by the laws of England and Wales (United Kingdom). If you are a consumer, you also benefit from the mandatory provisions of the law of the country where you have your habitual residence, and you may bring proceedings in the courts of that country.
    If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions remain in full force, and the invalid provision is replaced by a valid one that comes closest to its purpose.
  • 21. Changes to the Terms
    We may update these Terms. The updated version will be published on this page with a new effective date. We will inform you of material changes in the App or by e-mail in advance. If you do not agree, you may end the Service by deleting your account.
  • 22. Contact
    Gazer Limited, 17 Hanover Square, London W1S 1BN, United Kingdom — info@gazer.com, feedback@gazer.com, support@gazer.com