Terms of Use
Cytric Mobile
These Terms of Use ("EULA") is a legal agreement between you ("End-user" or "you") and i:FAO Group GmbH, Germany ("Amadeus", "us" or "we") for:
Cytric Mobile is a solution that enables Amadeus or i:FAO Customers to provide their Authorized Users (“Travelers”) access to cytric travel and expense in order to perform business travel bookings and other services and to monitor the safety and wellbeing of Travelers throughout a trip including sending notifications to Travelers (the "Application"); and through which you might receive documents and information that we make available to you in relation to the Application ("Documents").
Important notice:
By accessing the Application from this mobile application you agree to the terms of this EULA which will bind you. The terms of this EULA include, in particular, the privacy policy defined in condition 1.4 and limitations on liability in condition 6.
If you do not agree to the terms of this EULA, we will not grant you the right to use the Application and Documents and you must stop accessing the Application now.
This EULA will cease to apply when you cease to use the Application.
Nothing in this EULA affects your consumer rights for a solution or documents that are defective.
You should print a copy of this EULA for future reference.
You agree as follows:
1.1. The terms of this EULA apply to the Application or any of the services accessible through the Application ("Services"), including any updates or supplements to any of them, unless they come with separate terms, in which case those terms apply.
1.2. We may change these terms of this EULA at any time, provided that such change does not reduce your rights under these terms or is required by law. We will notify you of the change with details of the change or notifying you of a change when you next access the Application. You may be required to read and accept the new terms to continue your use of the Services. If you do not wish to accept the new terms, you can stop using the Application to end this EULA.
1.3. You will be assumed to have obtained permission from the owners of the devices ("Devices") that are controlled, but not owned, by you, to access the Application on the Devices (and to access any Services). You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the Application or any Service on or in relation to any Device, whether or not it is owned by you.
1.4. DATA PRIVACY. By using the Application we may collect Personal Information from you. You can find the details about what kind of Personal Data is collected, how we process them and your rights in regards of processing such Personal Information in our privacy policy, available at https://pns.cytric.net/resources/static/privacy/privacy-notice.html ("Privacy Policy"). This Application provides beside others access to the cytric Solution which is subject to an additional Agreement between i:FAO or an authorized i:FAO Reseller and an Corporate Customer which has provided you with access to the cytric Solution. All Data processed in the cytric Solution and not in the Application will be subject to the relevant Corporate Customer terms of use and privacy notices.
1.5. Additionally, by using the Application or any of the Services, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the Application or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
1.6. By using the Application or any of the Services, you consent to us collecting and using technical information (other than Personal Information) about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.
1.7. Certain Services, will make use of location data sent from the Devices. You can turn off this functionality at any time by consulting your Device’s privacy setting instructions and amending the privacy settings as necessary. If you use these Services, you consent to us and our affiliates' and licensees' transmission, collection, maintenance, processing and use of your location data and queries to provide the Service and to improve location-based products and services. You may withdraw this consent at any time by consulting your Device’s privacy setting instructions and amending the privacy settings as necessary.
1.8. The Application or any Service may contain links to other third-party websites ("Third-party Sites"). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any operators of Third-party Sites, including the purchase and use of any products or services accessible through them.
1.9. Certain functions of the Application will require to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but we cannot take responsibility for the app not working at full functionality if you don’t have access to Wi-Fi or network provider and you don’t have any of your data allowance left. If you are using the mobile application outside of an area with Wi-Fi, you should remember that your terms of agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the mobile application, or other third party charges. In using the mobile application, you are accepting responsibility for any such charges, including roaming data charges if you use the mobile application outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you are using the Application, please be aware that we assume that you have received permission from the bill payer for using the mobile application.
1.10. You should also remember that the Application functions purpose is to make things more convenient for you – it doesn’t replace any other means of personal responsibility. We do rely on third parties to provide information to us so that we can make it available to you. So, it is not intended to replace the need to stay informed of any updates in your situation that are made available by any authorities or official representatives, airports, airlines or other travel provider, or any other relevant third party via any accessible media, e.g. press, TV-news, screens in your area or loudspeaker announcements.
2.1. In consideration of you agreeing to abide by the terms of this EULA, we grant you a personal, non-transferable, non-sublicensable, non-exclusive right to access and use the Application and the Services on the Devices and to access and use the Documents, subject to the terms of this EULA. We reserve all other rights.
2.2. The Application and Services are provided to allow you the use of cytric Services, Duty of Care services, such as adhoc messages in case of emergency and locate your position to give assistance, as provided to you by your employer or any corporation using the cytric Solution (“Corporate Customer”) and who is willing to provide you such service, and for no other purposes (including commercial purposes) (the "Purpose").
2.3. You may:
(A) view, use and display the Application and Services on the Devices for the Purpose only; and
(B) use the Documents for the Purpose only.
3.1. Except as expressly set out in this EULA or as permitted by any local law, you agree:
(A) not to modify, adapt, reverse engineer, decompile, disassemble or otherwise discover the source code of any software or documentation comprised in the Application, Documents or Services;
(B) not to rent, sell, lease, sub-license, distribute, assign, copy or in any way transfer the Application, Documents or Services (including the underlying software in the Application or Services);
(C) not to use the Application, Documents or Services in contravention of any requirements notified to it by us;
(D) not to use any automated system or software to extract data from the Application, Documents or Services for commercial purposes (such as screen scraping);
(E) to use the Application, Documents and Services in a lawful and non-defamatory manner;
(F) not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
(G) to comply with all technology control or export laws and regulations that apply to the technology used or supported by the Application, Documents or any Service, together "License Restrictions".
4.1. You acknowledge that all intellectual property rights in the Application, the Services and the Documents anywhere in the world belong to us or our licensors, that rights in the Application, the Services and the Documents are licensed (not sold) to you, and that you have no rights in, or to, the Application, the Services, the Documents or the Technology other than the right to use each of them in accordance with the terms of this EULA.
4.2. You acknowledge that you have no right to have access to the Application in source-code form.
5.1. We take all reasonable measures to prevent incorrect or incomplete information from appearing on the mobile application, but does not guarantee or warrant (either explicitly or implicitly) the accuracy or completeness of the information.
5.2. It is your responsibility to keep advice and advisories up to date. Users rely on the content at their own risk, the decision to travel is the sole responsibility of the individual. It is up to you to decide what constitutes “non-essential travel” based on family or business requirements, knowledge of a country or region, and other factors. We nor any third-party is not responsible for any financial consequences which result from cancelling a scheduled trip based on information provided in the application.
5.3. THIS MOBILE APPLICATION IS PROVIDED “AS IS”; WITHOUT ANY WARRANTY OR IMPLIED TERM OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR IMPLIED TERMS OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ALL SUCH IMPLIED TERMS AND WARRANTIES ARE HEREBY EXCLUDED.
5.4. WE AND ANY THIRD-PARTY DO NOT GUARANTEE OR WARRANT THAT THE MOBILE APPLICATION, THE WEBSITE OR THE SERVER SUPPORTING THIS MOBILE APPLICATION AND WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL PROGRAMMES. USE OF THIS MOBILE APPLICATION IS AT YOUR OWN RISK. IN NO EVENT WILL WE AND ANY THIRD-PARTY BE LIABLE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOSS OF PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OF OR DAMAGE TO DATA) ARISING FROM THE USE OF THE INFORMATION AND MATERIAL CONTAINED IN THIS MOBILE APPLICATION OR ANY WEBSITE LINKED TO EITHER OR BOTH OF THESE.
5.5. You agree to indemnify us and our affiliates, employees, agents, representatives and third-party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including legal fees) which may arise from your submissions, from your unauthorized use of material obtained through the Service, or from your breach of this Agreement, or from any such acts through your use of the Service.
6.1. You acknowledge that the Application has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Application as described in the Documents meet your requirements. To the extent permitted by law, we disclaim liability for information made available by third parties through the Services.
6.2. We only supply the Application and Documents for the Purpose. As you agree not to use the Application or Documents for any commercial purposes, we have no liability to you under or in connection with this EULA (including in connection with your use of any Services) whether in contract, tort (including negligence) or otherwise for any loss of profit, loss of business, business interruption, or loss of business opportunity.
6.3. Our maximum aggregate liability under or in connection with this EULA (including in connection with your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the greater of EUR 50 (fifty Euros) or the amounts paid by you to us under this EULA.
6.4. The above limitation of liability shall not apply in case of
(A) death or personal injury resulting from our negligence;
(B) fraud or fraudulent misrepresentation; and
(C) any other liability that cannot be excluded or limited by applicable law.
7.1. We may terminate this EULA immediately by written notice to you if you:
(A) commit a material breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so; or
(B) breach any of the License Restrictions.
7.2. On termination of this EULA for any reason:
(A) all rights granted to you under this EULA shall cease; and
(B) you must immediately cease all activities authorized by this EULA; and
(C) you must immediately destroy all copies of materials accessed using the Application and copies of Documents then in your possession, custody or control and, upon request from us, certify to us that you have done so.
8.1. If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by post to i:FAO GmbH Clemensstraße 9, 60487 Frankfurt am Main, Germany , Marked for the attention of: Distribution Product Management.
8.2. If we have to contact you or give you notice in writing, we will do so by email.
9.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control ("Event Outside Our Control").
9.2. If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:
(A) our obligations under this EULA will be suspended and the time for performance of our obligations will be extended to allow for the impact of the Event Outside Our Control on our ability to perform our obligations; and
(B) we will attempt to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.
10.1. Any words in this EULA which follow the terms including, include, in particular or for example or any similar phrase shall be read as illustrative and shall not limit the general nature of the related general words.
10.2. You agree that we may transfer our rights and/or obligations under this EULA to another organization, but only if this will not prejudice your rights under this EULA. If we wish to transfer our rights and/or obligations under this EULA to another organization in such a way as would prejudice your rights under this EULA, we may not do so without your consent.
10.3. You may only transfer your rights or obligations under this EULA to another person if we agree that you may do so in writing.
10.4. If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
10.5. Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
10.6. Please note that this EULA, its subject matter and its formation, are governed by German law. You and we both agree that to the extent possible under applicable law, the courts of Frankfurt will have non-exclusive jurisdiction. However in case you are using this Application as a consumer, local consumer laws may allow you to take legal action under local law. Nothing in this EULA shall prevent you from taking such actions.