Please read these Terms and Conditions (the "Terms" or "Terms and Conditions") carefully before using the CroXtec mobile application (the "Service") created and managed by Djanco Info Tech ("us", "we" or, with reference to a subject, "our"), currently available at Google Play and soon to be available in Apple Store.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all users and others who access or use the Service. You will be required to agree to these Terms prior to downloading the Service.

The Service is currently available only in the Republic of the Philippines (the “Territory”). You will thus not be able to download the CroXtec app if you are located outside the Territory. If you are able to download CroXtec outside the Territory or was able to download the same in the Territory and intend to use the same outside the Territory, please do not attempt to access or use the Service as it will not work or will not work properly. We will at the earliest opportunity make the Service available outside the Territory.

The CroXtec application and Service may only be used by natural persons at least eighteen (18) years of age, with full mental capacity and discernment. By downloading CroXtec, subscribing, registering and/or using the Service, you warrant and we assume that you are at least eighteen years of age, possessed of full mental capacity and discernment.

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and us, concerning your access to and use of the Service as well as any other media form or website related, linked, or otherwise connected thereto. You agree that by accessing the Service, you have read, understood, and agree to be bound by all of these Terms and Conditions.

If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from downloading the Service or, if at any time after downloading the same you disagree with the Terms, you must discontinue its use immediately but are considered bound prior to discontinuing said use. You will be solely responsible for any and all consequences of using the Service despite the prohibition to do so.

About CroXtec

CroXtec is the most versatile early warning pedestrian safety mobile application alert system specially designed for public safety and the promotion of smart cities. It alerts both pedestrians and motorists who use the Service (“Users” or individually a “User”) of any impending collision, giving Users the last clear chance or opportunity to avoid an accident. The Service is provided through the use of CroXtec’s Software (the “Software”). It is not a road safety application.

Use of CroXtec

• License to Use - CroXtec grants you, free of charge, a non-exclusive, non-transferable, without right to sublicense, revocable, and limited right to install and use the Service on compatible wireless electronic devices owned or controlled by you, and to access and use the Service on compatible devices strictly in accordance with these Terms and Conditions. All rights not expressly granted to you are reserved by us.
• How to Use – The Service and/or Software can only be used for private and personal purposes, not for commercial purposes unless we agree and enter into special arrangements. The Service and/or Software may not be used in any way that is not expressly permitted by these Terms.
• Limitations of CroXtec – We do not warrant that CroXtec is fit for the purpose intended or that it will save the Users from any and all accidents or collisions. You agree and recognize that the effectiveness of the Service depends on many factors, such as but not limited to availability of data service, whether and road conditions, capabilities of your mobile devices, whether you followed the proper steps for installation of the Software, possible conflicts with other applications or software installed in your device, your particular location at the time, speed and erratic movement or behavior, your physical and mental condition, your reflexes or responsiveness to alerts, your decision-making ability, reaction of other people involved in an impending collision, and your surroundings.
  Please note that for CroXtec to work, it must be opened at all times by all Users.
  
  
  We cannot guarantee the Service and/or Software will be available at all times. There may be instances when we will encounter hardware, software, or other problems or will need to perform maintenance related to the Service and/or Software, resulting to interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Service and/or Software at any time or for any reason, without notice.
  
  
  As stated above, the use of the Service is free of charge. Hence, you agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Service and/or Software during any downtime or discontinuance of the Service and/or Software. While we will endeavor to ensure that the Service will be available at all times as much as possible, nothing in these Terms will be construed to obligate us to make the Service available at all times, or to maintain and support the Service and/or Software or to supply any corrections, updates, or releases in connection therewith.
• Use Restrictions - There are certain types of conduct that are strictly prohibited on the Service and/or Software. Please read the following restrictions carefully. Your failure to comply with the provisions set forth below may result (at CroXtec’s discretion) in the termination of your access to the Service and/or Software, and may also expose you to civil and/or criminal liability.

You are prohibited from doing any of the following:

• violate the right to privacy or other rights of other persons and Users, including intellectual property rights of others, or collect personal or confidential information about visitors or Users by any means without their express consent;
• utilize the Service and/or Software for any commercial purposes or other than for your personal use;
• use the Service and/or Software for any illegal, immoral or unauthorized purpose including but not limited to commission of crimes, to prank another, or simulate any collision or accident;
• reverse engineer the Software for the purpose of creating the same or similar application/s, software/s or service or creating any application or software compatible with the Software;
• conduct any other act similar to those stated above; or
• infringe or violate any of these Terms.

Termination

These Terms and Conditions shall remain in full force and effect while you use the Service and/or Software. Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole and absolute discretion, and without notice or liability, terminate these Terms and deny you access to and use of the Service and/or Software at any time and for any reason we deem necessary or appropriate. All provisions of the Terms, which by their nature should survive termination, shall survive, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Upon termination, your right to use the Service and/or Software will immediately cease. If you wish to terminate your account, you may simply unsubscribe following procedures provided in www.croxtec.com.ph. You are not obligated to advise CroXtec of such termination apart from terminating your subscription. For more information on retention and storage of your personal data, please read our Privacy Policy which constitute part of these Terms.

Intellectual Property

Unless otherwise indicated, the Service and Software is our proprietary property and all source code, databases, software, designs, audio, video, text, photographs, and graphics on the Software (collectively the “Content”), the trademark CroXtec and its derivative marks and logos, and other trademarks, service marks, and logos contained and/or used in connection with the Service (the “Marks”) are owned or controlled by us or licensed to us, and are protected by intellectual property rights and unfair competition laws of the Philippines, foreign jurisdictions, and international conventions, whether or not they are registered, registrable or non-registrable. The Content and the Marks are provided on the Service and/or Software “as is” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Software, Content or Marks used may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Provided that you agree to these Terms, you are granted a limited license to access and use the Service and/or Software, and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use, without right to publish or share with others. We reserve all rights not expressly granted to you in and to the Service, Content and the Marks.

Modifications on Service and Software

We reserve the right, at our sole discretion, to modify or replace these Terms at any time or for any reason at our sole discretion. If a revision is material, we will provide notice at least fifteen (15) days prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. You are of course free to discontinue use of the Service and/or Software or to unsubscribe and terminate if you disagree with the new terms. Your continued use of the Service and/or Software under the new terms shall be equivalent to your agreement to be bound by said new terms and your continued subscription shall be considered continued use of the Service and Software. We also reserve the right to modify or discontinue all or part of the Service without notice at any time. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

Assignment of Rights

You may not assign or transfer any rights and/or privileges granted to you under these Terms and Conditions without our prior written consent. However, we have the right to assign any or all our rights and/or obligations to any third party at any time without your consent.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Republic of the Philippines, without regard to any conflict of law provisions. Your breach of these Terms or any provision hereof shall be considered breach committed in the Republic of the Philippines the courts or tribunals of which have jurisdiction over all suits or actions filed in connection with the Service or Software or any of these Terms and Conditions the venue of which shall be in Makati City, Philippines, to the exclusion of all other tribunals.

Miscellaneous Provisions

These Terms constitute the entire agreement and understanding between us and the Users. If any provision or part of a provision of these Terms is determined to be unlawful, invalid, void, or unenforceable, that provision or part of the provision is deemed severed from these Terms, and does not affect the validity and enforceability of any remaining provisions. These Terms will not be construed against us for having drafted the same. You hereby agree to these Terms by clicking “Agree” before downloading the application and using the Service. This act constitutes as your consent to be bound by these Terms and, therefore, you waive any and all defenses you may have against these Terms based on lack or absence of your signature. Our failure to enforce any right or provision of these Terms will not be considered a waiver of said rights. We will not be responsible or liable for any loss, damage, delay, or failure to act for reasons beyond our control, including force majeure.

Contact Us

If you have any questions about these Terms, please contact us at:

• DJANCO INFO TECH
• Email: admin@croxtec.com.ph