20201103 OVRNITE TERMS AND CONDITIONS
Ovrnite tracks the jurisdictions where you spend your days and nights and helps you to comply with your tax residency obligations.
Where you spend your days and nights are a critical part of establishing and avoiding residency for tax purposes but they are not the only criteria.
The information provided on this website does not, and is not intended to, constitute legal or tax advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information.
Ovrnite works best when used in conjunction with professional advice. You should consult appropriate tax and legal professionals to ensure that you are complying with all applicable criteria.
1.1. The website available at https://www.ovrnite.app and all sub domains, or sections ("Website") and any of the mobile or wearable applications ("Applications") published by Angel Eyes Limited using the brand name OVRNITE are operated by Angel Eyes Limited.
1.3. Accessing the Website or the downloading or use of the Applications, implies that the User has read and accepts to be bound by these Terms without exception. OVRNITE may modify the Terms at any time and thus we recommended that the Terms are reviewed on a regular basis by the User. The date at the beginning of these Terms refers to the latest update of these Terms. Any revised Terms will be applicable from the date of publication.
1.4. Some Services may be subject to specific conditions or instructions that must be accepted by the User prior to the provision of the relevant Service. These specific conditions may be imposed by OVRNITE or by third parties. Such specific conditions shall apply in addition to the Terms and in case of conflict shall supersede the Terms. Accordingly the User must acknowledge to have read and accepted such specific conditions.
2. PURPOSE OF SERVICES
2.1. Through the Services, the User can track their location (hereinafter referred to as "Location Tracking) as well as related information and content including a record of the jurisdiction where the User spends days and nights.
3. AUTHORISED USE OF THE WEBSITE/APP
3.1. The User is only authorised to use the Services if he/she is an individual and always in accordance with the Terms. The User agrees to use the Services in good faith and for personal use only. Using the Services for any purpose other than personal use, such as, commercial, business, or use with a view to make profit is not authorised.
3.2. The User agrees not to use the Services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the User agrees not to partake in any conduct or action that could damage the image, interests or rights of OVRNITE or third parties.
3.3. The User will not interfere with the functioning of the Website, the Applications or the Services and in particular will not impersonate another user or person. The User agrees not to carry out any action that may damage, make unavailable, overload, deteriorate or impede the normal use of the Website, the Applications or the Services, which may impact the security of the Website, the Applications or the Services or which may in any way interfere with the Services offered by OVRNITE. It is prohibited to use robots, spiders or any other mechanism, mobile application, program or tool to access, copy or control any part of the Website, the Applications or the Services in anyway which is contrary to the ordinary and personal use of the Website without the express prior authorization from OVRNITE. Likewise, it is prohibited to obtain or attempting to obtain the contents of the Website or the Applications (including User Content, as this term is defined below) using any method or system not expressly authorised by OVRNITE or which is not the ordinary method of accessing the Website.
3.4. In any case, it is presumed an abusive and unauthorised use of the service when (i) use of the service exceeds the use of the 99% of users in a specific period and (ii) OVRNITE believes it may affect the quality or safety of the service for other users. OVRNITE will proceed to block access to users who abuse or make an unauthorised use of the service. The possibility to lock out malicious users is the only way to ensure that we can provide a reliable service for all legitimate users.
3.5. It is the User’s responsibility to ensure prior to using the Services that the features of the Services meet the User’s needs.
4.1. In order to use certain Services, the User must register by creating a username and password and activating an account. To this end the User must provide a valid email address at which the User will receive notifications related to the Services.
4.2. The User agrees to provide the mandatory information which is required for registration and also acknowledges that such information is true, complete and up to date. It is the User’s responsibility to keep such information updated. Should the User provide false, outdated or incomplete information, or should OVRNITE have reason to suspect as such, OVRNITE reserves the right to suspend or cancel the User’s account.
4.3. The User must protect and keep confidential the account password without disclosing it to third parties. The User must not allow other Users access through the User’s account nor use the account of another User.
4.4. The User is responsible for all operations carried out through the User’s account through any device. If the User suspects that another user is using his account he should immediately inform OVRNITE.
4.5. OVRNITE may suspend or cancel the account of the User if it considers that the User has not adhered to these Terms.
5.1. The Services allow Users to:
5.1.1. Track their Location Tracking through the Applications.
5.1.2. Save and record their location including in particular the jurisdiction where they spend days and nights.
6.1. The User acknowledges and accepts that use of the Website, the Applications and the Services is at the User’s own risk and under the User’s responsibility and therefore OVRNITE does not accept any responsibility for misuse or use in breach of these Terms.
6.2. The User will be responsible for any damages to OVRNITE resulting from the User’s use of the Website, the Applications and the Services in breach of the Terms and accepts to indemnify OVRNITE and its directors, employees, agents and representatives from any liability in which they may incur resulting from the User’s breach of these Terms.
6.3. OVRNITE does not warrant the availability or continuity of the Website, the Applications or the Services (in particular, when they depend on third parties), its accuracy, reliability or completeness, or whether they are fit for a particular purpose. To the maximum extent permitted by applicable law, OVRNITE will not have any liability in this regard.
6.4. As way of example and without limitation, OVRNITE shall not be liable for any damages that may result from:
6.4.1. Interruptions, viruses, technical problems, interferences, omissions, unavailability, power cuts, failure of the telecommunication networks or the User’s equipment which are not OVRNITE’s responsibility.
6.4.2. Delays or unavailability of the Website, the Applications and the Services due to deficiencies or traffic overload on the Internet, in the communication network or the electricity grid.
6.4.3. Third party actions.
6.4.4. Unavailability of the Website, the Applications and the Services due to maintenance or software updates.
6.4.5. Anything which is beyond OVRNITE’s direct control.
6.5. SAVE FOR OVRNITE’S WILFUL MISCONDUCT, AND THOSE CASES IN WHICH DUE TO THE SPECIFIC CIRCUMSTANCES OF THE USER INVOLVED OR THE NATURE OF THE MATTER, APPLICABLE LAW PROVIDES THAT LIABILITY CANNOT BE LIMITED BY AGREEMENT, USE OF THE WEBSITE, THE APPLICATIONS AND THE SERVICES IS AT THE USER’S SOLE RISK AND OVRNITE SHALL NOT BE LIABLE FOR ANY DAMAGE OF ANY KIND CAUSED TO THE USER AS A RESULT OF USING THE WEBSITE, THE APPLICATIONS OR THE SERVICES.
6.6. The insertion of links in the Services does not imply any relationship, recommendation or supervision by OVRNITE of the linked website and accordingly, OVRNITE does not accept any liability in relation to the content of any linked website except in the specific circumstances provided by applicable law
7. INTELLECTUAL PROPERTY
7.1. All intellectual property rights over the Website, the Applications, the Services, its design, and source code, and all intellectual property rights over any content included in the same (including without limitation text, images, animations, data bases, graphics, logos, trademarks, icons, buttons, pictures, videos, sound recordings, etc.) belong or are licensed to OVRNITE.
7.2. In particular and without any limitation to the general statement included in the paragraph above, OVRNITE owns the "sui generis" right over the Website and the Applications as a database in its capacity as developer of the Website and the Applications. By virtue of such "sui generis" right, extracting and/or reusing all or a substantial part (in terms of amount of information or relevance of information) of the Website and Applications content is forbidden and would result in an infringement of OVRNITE’s IP rights. Additionally, extracting and/or reusing of a non-substantial part of the Website’s content repeatedly or systematically is also forbidden, when such actions fall outside the ordinary use of the Website and the Applications authorised by OVRNITE or cause any unjustified damage to OVRNITE’s interest.
7.3. The User is only authorised to access and use the Website, the Applications and the Services and to download their content for its personal use. Except when specifically authorised, Users are not allowed to reproduce, transform, make any derivative work, distribute, make available, communicate to third parties, extract, reutilise and/or use the Website or any of its contents.
7.4. Additionally, when upon registration or at any other time accessing the "your settings page" the User has opted to allow OVRNITE, to publish and use certain of his/her information included in his/her account, then the User authorises OVRNITE to proceed on the basis of the options marked by the User. The User acknowledges that his/her chosen username may be publicly available in relation to all Users.
8. APPLICATION END USER LICENSE AGREEMENT
8.1. OVRNITE only authorises the User to download and use the Applications in accordance with this license. OVRNITE reserves all rights related to the Applications not expressly granted to the User under this license. The terms of this license will govern any upgrades provided by OVRNITE that replace and/or supplement the original Applications, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
8.2. OVRNITE grants the User a non-transferable license to download and use the Application, in object code only, in a device used or controlled by the User and only for the purposes and uses allowed in these Terms. This license does not allow the user to use the Applications in any device that User does not own or control.
8.3. The User shall not distribute or make the Applications available over a network where they could be used by multiple devices at the same time. The User shall not rent, sell, redistribute, communicate to the public or sublicense the Applications. The User shall not copy (except as expressly permitted by this license), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the Applications, any updates or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Applications). Any attempt to do so is a violation of the rights of OVRNITE and its licensors.
8.4. The User agrees that OVRNITE may collect and use technical data and related information (including but not limited to technical information) about the device of the User, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to the User (if any) related to the Applications. OVRNITE may use this information, as long as it is in a form that does not personally identify the User, to improve its products or to provide services or technologies to the User.
8.5. The license is effective until terminated by the User or OVRNITE. User’s rights under this license will terminate automatically without notice from OVRNITE if the User fails to comply with any term(s) of this license. Upon termination of the license, the User shall cease all use of the Applications, and destroy all copies, full or partial, of the Applications.
8.6. To the maximum extent permitted by applicable law, the Applications are provided "as is" and "as available", with all faults and without warranty of any kind, and OVRNITE hereby disclaims all warranties and conditions with respect to the Applications, either express, implied or statutory, including, but not limited to, warranties and/or conditions of merchantability, of satisfactory quality or of fitness for a particular purpose. Should the Applications proved to be defective, the User assumes the entire cost of all necessary servicing, repair or correction, to the maximum extent permitted by applicable law.
9. Specific conditions for the translation service
9.1. The Website and the Applications offer a translation service so that content is available in additional languages. Such service is supplied for your convenience only and using translation software powered by Google Translate. Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace human translators. Translations are provided as a service to Users of the Website and the Applications, and are provided "as is." No warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of any translations. Some content (such as images, videos, Flash, etc.) may not be accurately translated due to the limitations of the translation software.
9.2. THIS SERVICE MAY CONTAIN TRANSLATIONS POWERED BY GOOGLE. GOOGLE DISCLAIMS ALL WARRANTIES RELATED TO THE TRANSLATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
10. Specific conditions for Apple devices Applications
10.1. This license is concluded between OVRNITE and the User only, and not with Apple. OVRNITE, and not Apple, is solely responsible for the Applications and the content thereof.
10.2. The Applications must be used in accordance with usage rules set forth in the App Store Terms of Service (the "Usage Rules").
10.3. OVRNITE and the User acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Applications.
10.4. Apple is not responsible for any product warranties, whether express, implied or statutory. In the event of any failure of the Applications to conform to any applicable warranty, the User may notify Apple, and Apple will refund the purchase price for the relevant Application to that User; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Applications, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be OVRNITE’s sole responsibility under the conditions and subject to the limitations set forth in these Terms.
10.5. The Parties acknowledge that, to the maximum extent permitted by applicable law and subject to the limitations stated in these Terms, OVRNITE, not Apple, is responsible for addressing any claims of the User or any third party relating to the Applications or the User’s possession and/or use of those Applications, including, but not limited to: (i) product liability claims; (ii) any claim that the Applications fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. The Parties acknowledge that, in the event of any third party claiming that the Applications or the end-user’s possession and use of the Applications infringes that third party’s intellectual property rights, OVRNITE, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim, under the conditions and subject to the limitations set forth in these Terms.
10.6. Apple, and Apple’s subsidiaries, are third party beneficiaries of this license, and, upon the User’s acceptance of the Terms, Apple will have the right to enforce this license against the User as a third party beneficiary thereof.
10.7. The User represents and warrants that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties. The User also agrees that he/she shall not use the Applications for any purposes prohibited by United States law.
11. CHANGES OR CLOSURE OF THE SERVICES
11.1. OVRNITE may, at any moment, and without incurring in any responsibility towards the User, modify the content of the Website, of the Applications or the Services, cease to provide some or all the services and features available or deactivate and delete all or some of the accounts and their corresponding information. However, OVRNITE will comply with its obligations regarding the keeping of records in relation of certain transactions for the relevant period as provided by applicable law. We reserve the right to implement subscription charges for all and any services offered by OVRNITE.
12. GENERAL AND CONTACT INFORMATION
12.1. Use of the Website, the Applications and the Services is governed by the laws of Gibraltar.
12.2. If any provision in these Terms is declared to be invalid or null, it shall be deemed that it had not been included. The remaining provisions in these Terms shall not be affected in anyway.
12.3. OVRNITE is a brand name of Angel Eyes Limited with registered office at Burns House, 19 Town Range, Gibraltar GX11 1AA.
You may contact OVRNITE using the below contact form.