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Locamagic User's Agreement

Once you click "Register" button on the registration form of Locamagic, you have agreed to all the terms and conditions of this agreement and started the subscription of Locamagic. Therefore, please read the agreement carefully.

Fees and Payment
Locamagic can be subscribed in three different plans:
  1. Subscription for intensive use
  2. Subscription for frequent use
  3. Subscription for occasional use
1. Subscription for intensive use
With a Subscription for intensive use account, you will pay a subscription fee of US$39/month which allows you to make unlimited transactions without extra charge. There is no contracted term to lock you for any certain period. You can fill up the registration form to subscribe the Locamagic services whenever you need them, and simply email to account@locamagic.biz to tell us that you want to unsubscribe Locamagic services whenever you want. That means that you will stay as a Locamagic subscriber only when you need our services and also are satisfied with our services. Each subscription month starts at the first day of a calendar month and ends at the last day of a calendar month.

2. Subscription for frequent use
With a Subscription for frequent use account, you will pay a subscription fee of US$10/month which allows you to make up to 100 transactions each month without extra cost. If you have made more than 100 transactions in a month, the extra transactions will be charged based on the following progressively discounted price scheme:
	Segment above 100 and below 301: 9 cents per transaction,
	Segment above 300 and below 1001: 8 cents per transaction,
	Segment above 1000 and below 5001: 7 cents per transaction,
	Segment above 5000 and below 10001: 6 cents per transaction,
	Segment above 10000: 5 cents per transaction
Here is an example how to calculate the extra cost. If you had actually used 600 transactions, the extra cost would be calculated as:

	100 X 0.00 + 200 X 0.09 + 300 X 0.08 = 0 + 18 + 24 = $42
That is, the extra cost would be 42 US Dollars in that month and would be charged together with the subscription fee of the following month.

You can fill up the registration form to subscribe the Locamagic services whenever you need them, and simply email to account@locamagic.biz to tell us that you want to unsubscribe the Locamagic services whenever you want. That means that you will stay as a Locamagic subscriber only when you need our services and also are satisfied with them. Each subscription month starts at the first day of a calendar month and ends at the last day of a calendar month.

3. Subscription for occasional use
With a Subscription for occasional use account, you need to pay an initial purchase of 100 credits (1 credit can make 1 transaction) at a price of US$15 that will be kept in your account for a whole year starting from the date you purchase them. If you need more credits, you can buy them whenever you want by logging into your account on the Locamagic website and clicking "Buy credits" link to buy the amount of credits you need.

Compared with a Subscription for frequent use account, the advantages of a subscription for occational use account are:
  • you can save money if you are only an occational user, for example, you use Locamagic only for your summer vacation and you may only pay $15 for the entire year, and
  • you can be sure that you will never spend more than your purchased credits.
The disadvantages of a Subscription for occasional use account are:
  • the unit prices are relatively more expensive than those of a Subscription for frequent use account, and
  • once the credits in your account are over, you can't get the services any longer until you have bought more credits.
Therefore, you can choose the one that best meets your needs as explained above.

Here are the actions that will be counted as transactions:

On your cellphone:
  1. Pressing softkey "Start" on the Welcome screen of Locamagic will be counted as one transaction because it will load the settings and the saved addresses from the server.
  2. Using a street address, a street intersection or a postcode/ZIP to specify a location on Locating service on the cellphone and pressing softkey "OK" will be counted as one transaction if the location is found, or counted as two transactions if the location is not found because the address will be looked up twice: the first as an address and the second as a place. So be careful in inputting addresses correctly.
  3. Using a POI or a city to specify a location on Locating service and pressing softkey "OK" will always be counted as two transactions because it will be looked up twice: the first one as an address, and the second one as a place.
  4. Using "HERE" or a NAC to specify a location on Locating service and pressing softkey "Info" will be counted as one transaction because it will retrieve the local street information from the server.
  5. Pressing softkey "Map" on Locating service will be counted as one transaction.
  6. Pressing softkey "Zoom" on Locating service will be counted as one transaction.
  7. Pressing softkey "Save" on Locating service will be counted as 0.1 transaction that will record the current location into your account on the Locamagic website.
  8. Using only "HERE" and a NAC to specify the start and end locations on Navigating service and pressing softkey "OK" will be counted as two transactions because it will get both the turn-by-turn directions and the route map.
  9. If a street address, a street intersection or a postcode/ZIP is used as the start or end location on Navigating service and the other one is "HERE" or a NAC, pressing softkey "OK" will be counted as three transactions because first the address has to be geocoded before retrieving the turn-by-turn driving directions and route map.
  10. If both the start and end locations are specified with street addresses, street intersections and/or postcodes/ZIPs on Navigating service, pressing softkey "OK" will be counted as four transactions because the two addresses have to be geocoded first before retrieving the turn-by-turn directions and the route map.
  11. If a POI or a city is used as one location and "HERE" or a NAC as another location on Navigating Service, pressing softkey "OK" will be counted as four transactions.
  12. If a POI or a city is used as one location and a street address, a street intersection or a postcode/ZIP as another location on Navigating service, pressing softkey "OK" will be counted as five transactions.
  13. If POIs and/or cities are used for both locations on Navigating service, pressing softkey "OK" will be counted as six transactions.
  14. Pressing softkey "Map" on Navigating screen will be counted as one transaction.
  15. Using "HERE" or a NAC to specify a location on Searching service and pressing softkey "OK" will be counted as two transactions.
  16. Using a street address, a street intersection or a postcode/ZIP to specify a location on Searching service and pressing softkey "OK" will be counted as three transactions.
  17. Using a POI or a city to specify a location on Searching service and pressing softkey "OK" will be counted as four transactions.
  18. Every update of the location on the Tracking service will be counted as 0.1 transaction no matter the location is shown on the cellphone or just sending it to the server when the Tracking service is running in the background.
  19. Adding or deleting one friend on the Monitoring service on the cellphone will be counted as one transaction.
  20. Showing friends on the Monitoring service will be counted as two transactions.
On the Locamagic website
  1. Displaying one map will be counted as one transaction no matter it is a map showing the friends or a map showing the track of the cellphone, no matter it is the first map or it is from panning or zooming or Updating Data.
  2. Every time you click "Get the NAC of the above address, click here" button on the "Add Addresses" form and the "Update Profile" form, it will be counted as one transaction.
Here are some situations that will not be counted as transactions:
  1. Pressing softkey "Back" in all situation will not be counted as transactions.
  2. In Locating service, if you have pressed softkey "Back" from the "Map" page to "Info" page and then press softkey "Map", the previous map will be displayed and no extra transaction will be counted. If you have pressed softkey "Back" from "Zoom" page and then press softkey "Zoom", or press softkey "Back" twice from "Zoom" page and then press softkey "Map" and "Zoom", the previous maps will be displayed and no transactions will be counted.
  3. In Navigating service, if you have pressed softkey "Route" will not be counted as a new transaction because it has already been counted as the driving directions are generated. If you press softkey "Nav", it will not be counted as a transaction. If you press softkey "Back" to route map page or driving directions page and then press softkey "Route" will not be counted as any transaction. Please note that pressing softkey "Map" every time on the navigating page will always be counted as one transaction because it will assume that you are moving all the time and the map will always be different.
  4. In Searching service, if you press softkey "List" from the map page will not be counted as a transaction because the transaction has been already counted when the map is generated.
Every time you have backed to the input page on Locating, Navigating or Searching of Locamagic, the previously retrieved information will be removed and pressing softkey "OK" will be counted as new transactions.

You can see above that every time you use a NAC or the GPS location ("HERE", "H", "h") instead of a street address to specify a location or place can save one transaction, use a NAC or the GPS location instead of a POI or a city to specify a location or place can save two transactions, and use a street address, a street intersection or a postcode/ZIP instead of a POI or a city can save one transaction.

Therefore, in order to save money, the priority order in specifying a location or place should be first to use a NAC if available, then a street address or a street intersection or a postcode/ZIP, and last a POI or a city.

The subscription fee, the fee for extra transactions and the corresponding taxes will be charged onto your credit card or your cellphone bills depending on the agreement between NAC Geographic Products Inc. and your cellphone service carrier.

The month for the subscription always starts from the first day of the calendar month and ends on the last day of the calender month.

You can also unsubscribe the services of Locamagic whenever you want through an email to account@Locamagic.biz. The minimal subscription is one month.

The price information on this page may be revised from time to time, and a notice for any changes of the prices will be emailed to the subscribers of Locamagic at least two weeks in advance before the new prices take effects.

Liability
SINCE LOCAMAGIC SERVICES MAY PRODUCE WRONG INFORMATION AND THEY ARE SUPPOSED FOR REFERENCE PURPOSE ONLY, YOU AGREE LOCAMAGIC SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, ECONOMIC OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS OR PERSONAL PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS OR PERSONAL OR CONFIDENTIAL INFORMATION, OR ANY OTHER PECUNIARY LOSS, DAMAGES FOR LOSS OF PRIVACY, OR FOR FAILURE TO MEET ANY DUTY, INCLUDING ANY DUTY OF GOOD FAITH, OR TO EXERCISE COMMERCIALLY REASONABLE CARE OR FOR NEGLIGENCE) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE LOCAMAGIC SERVICES, EVEN IF LOCAMAGIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION SHALL BE EFFECTIVE EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. YOU FURTHER AGREE THAT LOCAMAGIC'S AGGREGATE LIABILITY TO USER FOR ANY AND ALL CLAIMS, ACTIONS AND/OR OMISSIONS ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT OF SUBSCRIPTION FEE PAID BY THE USER TO LOCAMAGIC FOR THE CURRENT MONTH UNDER THIS AGREEMENT.


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