Politique de Confidentialité

Ekotrap acknowledges that its customers, visitors and users need to know the terms of its privacy practices. Ekotrap provides this Privacy Policy to help you make an informed decision about whether to use or continue using the Ekotrap Site, Ekotrap Software and/or the Ekotrap Service. If you do not agree to our practices, please do not use the Ekotrap Site, Ekotrap Software, or Ekotrap Service.

This Privacy Policy is incorporated into and is subject to the Ekotrap Terms of Service below. Your use of the Ekotrap Site, Ekotrap Software and the Ekotrap Service and any personal information you provide on the Ekotrap Site or Ekotrap Service remains subject to the terms of this Privacy Policy and our Terms of Service.

Please note that any status submissions or other content posted at the direction or discretion of users of the Ekotrap Service becomes published content and is not considered personally identifiable information subject to this Privacy Policy.

This Privacy Policy covers the treatment of user information, including personally identifying information, obtained by Ekotrap, including information obtained when you access the Ekotrap Site, use the Ekotrap Service or any other software provided by Ekotrap.

This Privacy Policy does not apply to the practices of companies that Ekotrap does not own or control, or to individuals whom Ekotrap does not employ or manage, including any of the third parties to which Ekotrap may disclose user information as set forth in this Privacy Policy.

Ekotrap may obtain the following types of information from or concerning you or your device, which may include information that can be used to identify you as specified below (“Personally Identifying Information”):

• User Provided Information: You provide certain Personally Identifiable Information, such as push notification name (if applicable), billing information (if applicable) and device information to Ekotrap when choosing to participate in various uses of the Ekotrap Service, such as registering as a user or updating your status.
• Cookies Information: When you visit the Ekotrap Site, we may send one or more cookies — a small text file containing a string of alphanumeric characters — to your computer that uniquely identifies your browser. Ekotrap uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser’s help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, the Ekotrap Site may not function properly if the ability to accept cookies is disabled.
• Log File Information: When you use the Ekotrap Site, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, and the date and time of your request. When you use the Ekotrap Service, our servers log certain general information that our application sends whenever a message is sent or received, or if you update or request any status information, including time and date stamps.

Once you create an account you provide certain information that makes you searchable for other users inside Ekotrap. We do not collect location data, but users may voluntarily share their location with other users via the Ekotrap Service.

Users type their messages, which are sent via data service to our servers, and routed to the intended recipient (who must also be a Ekotrap user), if that recipient is online. If the recipient is not online, the message will be marked as “pending delivery” and, once the recipient is online, it will be delivered from our servers. Ekotrap retains date and time stamp information associated with successfully delivered messages, as well as any other information which Ekotrap is legally compelled to collect. Files sent through the Ekotrap Service reside on our servers.

If you submit Personally Identifiable Information to us through the Ekotrap Site or Ekotrap Service, then we use your personal information to operate, maintain, and provide to you the features and functionality of the Ekotrap Site and Ekotrap Service. Any Personally Identifiable Information or status content that you voluntarily disclose on the Ekotrap Service becomes available to other users of the Ekotrap Service you are connected to (unless such user is blocked by you). We do not use your Personally Identifiable Information to send commercial or marketing messages without your consent or except as part of a specific program or feature for which you will have the ability to opt in or opt out. We may, however, use your email address without further consent for non-marketing or administrative purposes (such as notifying you of major Ekotrap Site or Ekotrap Service changes or for customer service purposes). We may use both your Personally Identifiable Information and certain non-personally-identifiable information (such as anonymous user usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the Ekotrap Site and Ekotrap Service and to create new features, promotions, functionality, and services by storing, tracking, and analyzing user preferences and trends. We may use cookies and log file information to:

• (a) remember information so that you will not have to re-enter it during your visit or the next time you use the Ekotrap Service or Ekotrap Site;
• (b) provide custom, personalized content and information;
• (c) monitor individual and aggregate metrics such as total number of visitors, pages viewed, etc.;
• (d) track your entries, submissions, views and similar activity.

Other users of the Ekotrap Service may see your status submissions in a way that is consistent with the use of the Ekotrap Service.

We do not sell or share your Personally Identifiable Information with other third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt in or opt out. We may share your Personally Identifiable Information with third-party service providers to the extent that it is reasonably necessary to perform, improve or maintain the Ekotrap Service. We may share non-personally-identifiable information (such as anonymous user usage data, referring / exit pages and URLs, platform types, asset views, number of clicks, etc.) with interested third parties to assist them in understanding usage patterns for certain content, services, and/or functionality on the Ekotrap Site. We may collect and release Personally Identifiable Information and/or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with applicable law, respond to a court order, subpoena, or search warrant or equivalent, or where, in our reasonable belief, an individual’s physical safety may be at risk or threatened. Ekotrap also reserves the right to disclose Personally Identifiable Information and/or non-personally-identifiable information that Ekotrap believes, in good faith, is appropriate or necessary to enforce our Terms of Service, take precautions against liability, investigate and defend itself against any third-party claims or allegations, assist government enforcement agencies, protect the security or integrity of the Ekotrap Site or our servers, and to protect the rights, property, or personal safety of Ekotrap, our users or others.

You may decline to submit Personally Identifiable Information through the Ekotrap Site or the Ekotrap Service, in which case Ekotrap may not be able to provide certain services to you. If you do not agree with our Privacy Policy or Terms of Service, please delete your account, uninstall the Ekotrap application and discontinue use of the Ekotrap Service; your continued usage of the Ekotrap Service will signify your assent to and acceptance of our Privacy Policy and Terms of Service. To protect your privacy and security, we take reasonable steps to verify your identity before registering your account and granting you access to the Ekotrap Service. Please contact Ekotrap via email at support@ekotrap.com with any questions or comments about this Privacy Policy, your personal information, your consent, or your opt-in or opt-out choices.

Ekotrap is currently ad-free and we intend to keep it that way. We have no intention to introduce advertisement into the product, but if we ever do, we will update this section.

Ekotrap uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to Ekotrap, and you do so at your own risk. Using unsecured wifi or other unprotected networks to submit messages through the Ekotrap Service is never recommended. Once we receive your transmission of information, Ekotrap makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by a breach of any of our physical, technical, or managerial safeguards. If Ekotrap learns of a security systems breach, we may attempt to notify you electronically so that you can take appropriate protective steps. Ekotrap may post a notice on the Ekotrap Site or through the Ekotrap Service if a security breach occurs.

Protecting the privacy of young children is especially important. For that reason, Ekotrap does not knowingly collect or maintain Personally Identifiable Information or non-personally-identifiable information on the Ekotrap Site or Ekotrap Service from persons under 18 years of age, and no part of the Ekotrap Service is directed to or intended to be used by persons under 18. If you are under 18 years of age, please do not use the Ekotrap Service or access the Ekotrap Site at any time or in any manner. If Ekotrap learns that Personally Identifiable Information of persons under 18 years of age has been collected on the Ekotrap Site or Ekotrap Service, then Ekotrap may deactivate the account and/or make the status submissions inaccessible.

If you are a user accessing the Ekotrap Site and Service from a region with laws or regulations governing personal data collection, use, and disclosure that differ from those where Ekotrap operates, please be advised that through your continued use of the Ekotrap Site and Service, you are transferring your personal information as described in this Privacy Policy and our Terms of Service, and you expressly consent to that transfer.

In the event that Ekotrap is acquired by or merged with a third-party entity, we reserve the right to transfer or assign the information we have collected from our users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your personal information is treated, transferred, or used.

This Privacy Policy may be revised periodically and this will be reflected by the "effective date" below. Please revisit this page to stay aware of any changes. Your continued use of the Ekotrap Site and Ekotrap Service constitutes your agreement to this Privacy Policy and any amendments.

This is an agreement between Ekotrap (“Ekotrap”, “we” or “us”), the Ekotrap software, including Ekotrap Messenger (collectively, including all content provided by Ekotrap through Ekotrap Messenger and the Ekotrap Site, the "Ekotrap Service", or the "Service"), and you (“you” or “You”), a user of the Service. BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE, AND Ekotrap’S PRIVACY POLICY ABOVE, WHICH IS INCORPORATED HEREIN BY REFERENCE. If you choose not to agree with any of these terms, you may not use the Service.

These Terms of Service apply to all users of the Ekotrap Service. Information provided by our users through the Ekotrap Service may contain links to third-party websites that are not owned or controlled by Ekotrap. Ekotrap has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Ekotrap will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that Ekotrap shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.

• A) Subject to your compliance with these Terms of Service, Ekotrap hereby grants you permission to use the Service, provided that: (i) your use of the Service as permitted is solely for your personal use, and you are not permitted to resell or charge others for use of or access to the Service, or in any other manner inconsistent with these Terms of Service; (ii) you will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without Ekotrap’s prior written authorization; (iii) you will not attempt to reverse engineer, alter or modify any part of the Service; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service and Privacy Policy.
• B) You are solely responsible for the status messages that you submit and that are displayed for your account on the Ekotrap Service. You must notify Ekotrap immediately of any breach of security or unauthorized use of your account. Although Ekotrap will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Ekotrap or others due to such unauthorized use.
• C) You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc. or load-testing tools, that accesses the Service in a manner that sends more request messages to the Ekotrap servers in a given period of time than a human can reasonably produce in the same period by using a Ekotrap application, and you are forbidden from scraping content unless specifically allowed. Notwithstanding the foregoing, Ekotrap grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Ekotrap reserves the right to revoke these exceptions either generally or in specific cases. We disallow any efforts to reverse-engineer our system or protocols, or to explore outside the boundaries of the normal requests made by Ekotrap clients, and any use of request-modification tools intended to explore, harm, or penetrate the Service. You must secure our permission before you measure, test, health-check or otherwise monitor any network equipment, servers or assets hosted on our domain. You agree not to collect or harvest any personally identifiable information from the Service, nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes. You agree not to spam, or solicit for commercial purposes, any users of the Service.

The design of the Ekotrap Service along with Ekotrap-created text, scripts, graphics, interactive features and the like, except status submissions (as defined below), and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Ekotrap, subject to copyright and other intellectual property rights under applicable laws and international conventions. The Service is provided to you AS IS for your information and personal use only. Ekotrap reserves all rights not expressly granted in and to the Service. You agree not to engage in the use, copying, or distribution of any of the Service other than as expressly permitted herein, including any use, copying, or distribution of status submissions of third parties obtained through the Service for any commercial purposes.

• A) The Ekotrap Service allows Ekotrap users to submit status text, profile photos and other communications submitted by you, as well as the automatic submission of your “last seen” status (collectively, the "Status Submissions"). These Status Submissions may be hosted, shared, and/or published as part of the Ekotrap Service, and may be visible to other users of the Service that you have not expressly blocked. For clarity, direct messages, location data and photos or files that you send directly to other Ekotrap users will only be viewable by those Ekotrap user(s) or group(s) you directly send such information to. You acknowledge and agree that any Status Submissions may be viewed by Ekotrap users that you have added as your Ekotrap contacts, so please do not submit status messages or profile photos that you do not want to be seen by your contacts. The submission of your ‘last seen’ status is done on an automatic basis. As clarified in the following section, you retain your ownership rights in your Status Submissions. You understand that whether or not such Status Submissions are published, Ekotrap does not guarantee any confidentiality with respect to any submissions.
• B) You shall be solely responsible for your own Status Submissions and the consequences of posting or publishing them. Because Ekotrap is only acting as a repository of data, user-submitted statuses do not necessarily represent the views or opinions of Ekotrap, and Ekotrap makes no guarantees as to the validity, accuracy or legal status of any status. In connection with Status Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Ekotrap to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Status Submissions to enable inclusion and use of the Status Submissions in the manner contemplated by the Service and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Status Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Status Submissions in the manner contemplated by the Service and these Terms of Service. To be clear: you retain all of your ownership rights in your Status Submissions, but you must have the rights in the first place. However, by submitting the Status Submissions to Ekotrap, you hereby grant Ekotrap a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Status Submissions in connection with the Ekotrap Service and Ekotrap’s (and its successors’) business, including without limitation for promoting and redistributing part or all of the Ekotrap Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each subscriber to your status on the Ekotrap Service a non-exclusive license to access your Status Submissions through the Service. The foregoing license granted by you terminates once you remove or delete a Status Submission from the Ekotrap Service.
• C) In connection with Status Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Ekotrap all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Ekotrap or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person; (vi) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (vii) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (viii) attempt to gain unauthorized access to the Service or its related systems or networks.
• D) Adult content must be identified as such. Ekotrap does not endorse any Status Submission or any opinion, recommendation, or advice expressed therein, and Ekotrap expressly disclaims any and all liability in connection with Status Submissions. Ekotrap does not permit copyright-infringing activities or infringement of intellectual property rights via its Service, and Ekotrap will remove all content and Status Submissions if properly notified that such content or Status Submission infringes another’s intellectual property rights. To file a copyright infringement notification, please send a written communication that includes substantially the following (see Section 512(c)(3) of the Digital Millennium Copyright Act): (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; (iv) information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address; (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Such takedown notices may be emailed to support@ekotrap.com. Ekotrap reserves the right to remove content and Status Submissions without prior notice. Ekotrap may also terminate a user’s access to the Service if they are determined to be a repeat infringer, or for any or no reason. A repeat infringer is a user who has been notified of infringing activity more than once and/or has had a Status Submission removed from the Service more than twice. Ekotrap also reserves the right to decide whether content or a Status Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, excessive length or limited interest. Ekotrap may remove such Status Submissions and/or terminate a user’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
• E) You understand that when using the Ekotrap Service you will be exposed to Status Submissions from a variety of sources, and that Ekotrap is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Status Submissions. You further understand and acknowledge that you may be exposed to Status Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Ekotrap with respect thereto, and agree to indemnify and hold Ekotrap, its officers, directors, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Ekotrap Service.
• F) Ekotrap permits you to link to materials on the Service for personal purposes only. Ekotrap reserves the right to discontinue any aspect of the Ekotrap Service at any time.

YOU AGREE THAT YOUR USE OF THE Ekotrap SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Ekotrap, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. Ekotrap MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE’S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Ekotrap SERVICE. Ekotrap DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Ekotrap SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER STATUS SUBMISSION OR OTHER ADVERTISING, AND Ekotrap WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

IN NO EVENT SHALL Ekotrap, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Ekotrap CLIENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Ekotrap IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (VII) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OF SERVICE OR PRIVACY POLICY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT Ekotrap SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Ekotrap makes no representations that the Ekotrap Service is appropriate or available for use in all locations. Those who access or use the Ekotrap Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

You agree to defend, indemnify and hold harmless Ekotrap, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Ekotrap Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Status Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Ekotrap Service.

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are at least 18 years old as the Ekotrap Service is not intended for children under 18. If you are under 18 years of age, you are not permitted to use the Ekotrap Service.

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Ekotrap without restriction.

These Terms of Service shall be governed by the applicable substantive laws of the jurisdiction in which Ekotrap is established, without respect to its conflict of laws principles. Any claim or dispute between you and Ekotrap that arises in whole or in part from the Ekotrap Service shall be decided exclusively by a court of competent jurisdiction. These Terms of Service, together with the Privacy Policy above and any other legal notices published by Ekotrap, including, but not limited to, an end user license agreement, shall constitute the entire agreement between you and Ekotrap concerning the Ekotrap Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Ekotrap’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Ekotrap reserves the right to amend or modify these Terms of Service at any time, and it is your responsibility to review these Terms of Service for any changes. If you do not agree to the revised Terms, your only recourse is to discontinue the use of the Ekotrap Service. Your continued use of the Ekotrap Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND Ekotrap AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE Ekotrap SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.