MileCatcher, Inc. (MileCatcher)
TERMS OF SERVICE
Last Revised: November 4, 2015
THESE TERMS OF SERVICE (THE “TERMS”) APPLY TO YOUR USE OF MILECATCHER – A MOBILE APPLICATION PROVIDED BY MILECATCHER, INC. (“MILECATCHER”, “we”, “us”, or “our”) AS WELL AS WWW.MILECATCHER.COM WEBSITE AS IT RELATES TO MILECATCHER.
PLEASE READ ALL OF THE TERMS AND CONDITIONS OF THE TERMS CAREFULLY.
BY USING MILECATCHER OR ANY RELATED SERVICE PROVIDED BY MILECATCHER, INC. YOU ACKNOWLEDGE AND AGREE THAT: (I) YOU HAVE READ ALL OF THE TERMS AND CONDITIONS OF THE TERMS; (II) YOU UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF THE TERMS; AND (III) YOU AGREE TO BE LEGALLY BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH IN THE TERMS.
IF YOU DO NOT AGREE WITH ANY OF THE TERMS OR CONDITIONS OF THE TERMS, YOU MAY NOT USE MILECATCHER.
MileCatcher Service and Features. MileCatcher is a mobile application that automatically tracks every distance driven and allow you to assign purpose and expense with assigned value.
All of MileCatcher data information is collected through your smartphone and stored on your phone and backed up to our cloud server. You can also access your driving data on a dedicated web portal at portal.milecatcher.com.
MileCatcher takes no responsibility for your driving or for how you use the data collected by MileCatcher.
License. Subject to the terms, conditions and limitations set forth in the Terms, MileCatcher grants you a nonexclusive, non-transferable and revocable license to use MileCatcher on any mobile device that you own or control. The terms of the license will also govern any upgrades provided by MileCatcher that replace and/or supplement the original MileCatcher app, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.
Restrictions. You agree not to do, or authorize or permit any third-party to do, any of the following: (i) distribute or make MileCatcher available over a network where it could be used by multiple devices at the same time; (ii) rent, lease, lend, sell, redistribute or sublicense MileCatcher; (iii) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of MileCatcher, any updates or any part thereof (except as and only to the extent any of these restrictions are prohibited by applicable law); or (iv) remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in MileCatcher. If you violate any of the restrictions set forth in the Terms, your use of MileCatcher will immediately cease and you will have infringed the copyright and other rights of MileCatcher, which may subject you to prosecution and damages. MileCatcher reserves all rights not expressly granted to you in the Terms.
Registration Data & Account Information. You agree to provide your e-mail address and password as (i) part of the registration process (ii) maintain the security of your password and identification (iii) maintain and promptly update the Registration Data, and any other information you provide to MileCatcher, in order to keep it accurate, current and complete; and (iv) accept all risk of unauthorized access to the Registration Data and any other information you provide to MileCatcher. You represent and warrant that all Registration Data is accurate, current and complete. You may update your information in the MileCatcher app or via the MileCatcher portal website located at portal.milecatcher.com.
Our primary way of communication is through in-app notifications which you can limit or turn off and from you visiting our website milecatcher.com. We will also send welcome, introduction e-mails and announcements which you can unsubscribe from at any time.
Please note that MileCatcher is designed to be a self-service platform and we provide extensive help and FAQ within the app menu system and on support.milecatcher.com.
For more information about MileCatcher product features before installation, pls. visit milecatcher.com and your device app store product page.
MileCatcher is intended solely for users at legal driving age in their respective country. No users under age of 13 is licensed to use this product.
Subscription Terms. Use of MileCatcher is free for the first 14 days. Additional use is on a subscription basis. Subscriptions for unlimited drives using MileCatcher are available for $5.99 per month for monthly subscriptions or $3.99 per month with an annual subscription, or as otherwise agreed to in writing by MileCatcher. MileCatcher subscriptions renew automatically for successive monthly or annual subscription periods (as applicable) until cancelled. If you subscribed through Apple, see https://support.apple.com/en-us/HT202039 (or its successor website) for information about managing your auto-renewing subscription. If you initiated your MileCatcher subscription directly from MileCatcher, please contact MileCatcher at [email protected] with your formal request for cancellation. Cancellations received with at least 10 days’ prior notice are effective at the end of the then-current subscription period; cancellations received fewer than 10 days before the end the then-current subscription period are effective at the end of the next subscription period.MileCatcher may cancel your subscription with or without cause at any time. If MileCatcher cancels your subscription without cause before the end of your subscription period, you may be entitled to a refund (prorated for the time remaining on your subscription period). Otherwise, subscriptions are non-refundable except as expressly set forth in writing by MileCatcher. Termination of your MileCatcher subscription will automatically terminate these terms. You are solely responsible for the payment of any taxes that you incur as a result of using any service code. By using MileCatcher, you agree to be bound by and accept the subscription terms set forth in this section and any other terms set forth in an order with MileCatcher.
Service Codes. Service codes may allow you to receive a discount off MileCatcher or other benefits, depending on the type of service code. Service codes must be redeemed at the time you order a subscription to MileCatcher and cannot be combined with any other discounts, promotions or offers without MileCatcher’s express consent. Redemption of service codes is subject to MileCatcher’s approval and valid registration with MileCatcher. Service codes are not transferable except with MileCatcher’ express consent. You are solely responsible for the payment of any taxes that you incur as a result of using any service code. Additional services code terms may apply.
Third-Party Sites and Services. Third-Party Materials. MileCatcher may provide links to third-party websites, applications, mobile services or other third-party services (“Third-Party Services”) and may also display, link to or otherwise make available third-party content, data, information, events, applications or materials (“Third-Party Materials”). MileCatcher does not endorse or control, and makes no representations or warranties of any kind regarding, any Third-Party Services or Third-Party Materials including, but not limited to, the content, accuracy, quality, nature, appropriateness, decency, functionality, performance, reliability, completeness, timeliness, validity, safety, legality or any other aspect thereof. If you access or use any third-party website or application, you should be aware that MileCatcher’ terms and policies, including the Terms, no longer govern. You should review the applicable terms and policies including, but not limited to, privacy and data gathering practices, of any third-party website or application to which you navigate from MileCatcher.
Third-Party Interactions. Your use of MileCatcher and your contact, interaction, or dealings with any third-parties arising out of your use of MileCatcher is solely at your own risk. You acknowledge and agree that MileCatcher is not responsible or liable in any manner for any loss, damage or harm of any sort incurred as a result of your use of MileCatcher.
User Content and Conduct. By posting your content on or through the service, you hereby do and shall grant MileCatcher and its affiliates a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sub-licensable and transferable license to use, modify, reproduce, distribute, display, publish and adapt your content to operate MileCatcher. You represent and warrant that: (i) you own and control all of the rights to the user content that you post or upload on (or otherwise make available via) MileCatcher or you otherwise have the right to make available such user content via MileCatcher and grant the rights granted in the Terms; and (ii) MileCatcher’ use and making available the user content you supply does not violate the Terms and will not violate any rights of or cause injury to any person or entity.
MileCatcher takes no responsibility and assumes no liability for any user conduct or for any user content posted or uploaded to or from (or otherwise made available via) MileCatcher, nor is MileCatcher liable for any mistakes, defamation, slander, libel, omissions, or other material you may encounter while using MileCatcher. Your use of MileCatcher is at your own risk.
You further agree that you are solely responsible for your conduct with respect to MileCatcher, and you agree that you will not do any of the following in connection with MileCatcher:
- Use MileCatcher for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates the Terms or any other rules or polices established from time-to-time by MileCatcher;
- Modify, adapt or hack MileCatcher;
- Circumvent or attempt to circumvent any filtering, security measures or other features designed to protect MileCatcher; and
- Infringe upon or violate the rights of MileCatcher.
Although MileCatcher does not control and has no obligation to screen, edit or monitor any of the user content posted or uploaded on (or otherwise made available via) MileCatcher reserves the right, and has absolute discretion, to remove, screen or edit any user content posted or uploaded on MileCatcher at any time and for any reason without notice. Any use of MileCatcher in violation of the foregoing violates the Terms and may result in, among other things, termination or suspension of your rights to use MileCatcher.
MileCatcher takes reasonable measures to protect your location information from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction.
You acknowledge and agree that by accepting the Terms or using MileCatcher you affirmatively consent to MileCatcher’ collection, use, disclosure and storage of your information.
You may revoke your consent with respect to MileCatcher’ collection, use, disclosure and storage of your location information at any time by deleting the app from your mobile device. Please know that if you revoke your consent, we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period of time.
If you consent to our collection of location information and you do not subsequently stop the collection of this location information, MileCatcher will continue to collect this location information.
If you consent to our collection of location information, subsequently stop the collection of this location information and later consent to the collection of this location information, then MileCatcher will resume the collection of location information.
MileCatcher is for your use and to collect your location information. You may not use MileCatcher to collect another individual’s location information. If you violate any of this restriction or any other restriction, you will have breached the Terms, which may subject you to prosecution and damages.
Ownership. MileCatcher contains the valuable proprietary content of MileCatcher and its licensors and is protected by copyright and other intellectual property laws and treaties. You agree not to use MileCatcher except in its intended manner in accordance with the terms and conditions of the Terms.
Modification of Terms. MileCatcher reserves the right to change or modify any of the terms and conditions contained in the Terms, or any policy or guideline of MileCatcher, at any time and in its sole discretion by posting the revisions via MileCatcher. Additionally, notice may be provided by sending an email, by posting the revised Terms on the Site or by such other form of notice as determined by MileCatcher. Changes/modifications will only become effective at the end of the 30 day period commencing upon the posting of the changes/modifications via MileCatcher (“Notice Period”). If you disagree with any changes/modifications, you may terminate your use of MileCatcher within the Notice Period. You should review the Terms on a regular basis and read the notices MileCatcher sends to you. Use of MileCatcher after the Notice Period will constitute your acceptance of the changes/modifications.
Termination. The term of Terms will commence on the Effective Date and continue until terminated. In the event of any termination of the Terms: (i) all licenses granted under the Terms will immediately terminate; and (ii) you must immediately cease all use of MileCatcher and destroy or erase all copies of MileCatcher in your possession or control. All of the sections of the Terms will survive any termination except the “License” section. Any use of MileCatcher after termination is unlicensed and is in violation of the copyright and other rights of MileCatcher.
Disclaimers. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF MILECATCHER IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, SAFETY, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MILECATCHER IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MILECATCHER DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE TERMS, MILECATCHER ALL RELATED PRODUCTS AND SERVICES, USER CONTENT, THIRD-PARTY SERVICES OR THIRD-PARTY MATERIALS, WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL: (I) WARRANTIES OF MERCHANTABILITY; (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT MileCatcher KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) WARRANTIES OF NON-INFRINGEMENT OR CONDITION OF TITLE. MOBILE SENSOR LAVS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN MILECATCHER WILL BE ACCURATE OR MEET YOUR REQUIREMENTS, THAT THE OPERATION OF MIEL CATCHER WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN MILECATCHER WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY MILECATCHER OR ITS AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY.
Indemnification. You shall defend, indemnify, and hold harmless MileCatcher from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of TERMS any of your content, or your other access, contribution to, use or misuse of MileCatcher. MileCatcher shall provide notice to you of any such claim, suit or demand. MileCatcher reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Mobile Sensor Lab’s defense of such matter.
Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL MILECATCHER BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO MileCatcher, RELATED PRODUCTS AND SERVICES, USER CONTENT, THIRD-PARTY SERVICES OR THIRD-PARTY MATERIALS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF MILECATCHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL MILECATCHER’S TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICE EXCEED THE FEE FOR THE SERVICE (AS OPPOSED TO ANY OTHER FEES/COSTS INCLUDING, BUT NOT LIMITED TO, ANY FEES ASSOCIATED WITH YOUR DEVICE).
Copyright Complaints. MileCatcher takes intellectual property rights seriously. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, MileCatcher has adopted a policy of terminating, in appropriate circumstances and at MileCatcher’ sole discretion, subscribers or account holders who are deemed to be repeat infringers.
Notwithstanding any terms to the contrary in the Terms, MileCatcher may choose to electronically deliver all communications with you, which may include: (i) posting messages that are displayed to you when you access your device; or (ii) when you access www.milecatcher.com website. You agree to do business electronically with MileCatcher, and to receive, electronically, all current and future notices, disclosures, communications and information, and that the aforementioned provided electronically satisfies any legal requirement that such communications be in writing. An electronic notice will be deemed to have been received the day it’s been posted to www.milecatcher.com/legal.
Patent Notice. MileCatcher takes the protection of its intellectual property and technology seriously. MileCatcher’s innovative, unique technology is protected by patent pending applications process at United States and international patent entities.
Trademark Notice. MileCatcher, the MileCatcher Logo Design, and MileCatcher are trademarks of MileCatcher. Other trademarks, service marks, and trade names that may appear on the MileCatcher website or in the app or in other materials are the property of MileCatcher or their respective owners.
Trademark Usage Policy. No person or entity may reproduce or use (or authorize the reproduction or use of) any MileCatcher trademark or logo in any manner other than expressly authorized by MileCatcher.
Assignment. You may not assign TERMS without the prior written consent of MileCatcher, but MileCatcher may assign or transfer TERMS in whole or in part, without restriction.
Governing Law; Arbitration. PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH MileCatcher AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM MileCatcher.
You and MileCatcher agree to arbitrate any dispute arising from the Terms or relating to MileCatcher, except that you and MileCatcher are not required to arbitrate any dispute in which either party seeks equitable or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.
You and MileCatcher agree that you will notify each other of any dispute within 30 days of when it arises, that you will attempt informal resolution prior to any demand for arbitration, that any arbitration will occur in Seattle, Washington and that arbitration will be conducted confidentially by a single arbitrator in accordance with the Rules of the American Arbitration Association. You and MileCatcher also agree that the state or federal courts in King County, Washington have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND MileCatcher WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING.
Notwithstanding any terms to the contrary in the Terms, the following additional terms will apply to the download of MileCatcher for use on the iPhone, iPod or iPad:
Acknowledgement. You and MileCatcher acknowledge that the terms are solely between you and MileCatcher, and not with Apple, Inc. (“Apple”), and MileCatcher, not Apple, is solely responsible for MileCatcher and the content contained within MileCatcher. You further acknowledge that the usage rules for MileCatcher are subject to any additional restrictions set forth in the Usage Rules for the Apple App Store Terms of Service as of the date you download MileCatcher. In the event of any conflict between the terms and conditions of the Usage Rules for the Apple App Store Terms of Service and the terms and conditions of the Terms, the terms and conditions of the Usage Rules for the Apple App Store Terms of Service will govern if they are more restrictive.
Scope of License. The license granted to you is limited to a non-transferable license to use MileCatcher on any iPhone or iPad that you own or control as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.
Maintenance and Support. MileCatcher is solely responsible for providing maintenance and support services with respect to MileCatcher. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to MileCatcher.
Warranty. You acknowledge and agree that Apple is not responsible for any product warranties, whether express or implied by law, with respect to MileCatcher. In the event of any failure of MileCatcher to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for MileCatcher by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to MileCatcher. You also acknowledge and agree that to the extent that there are any applicable warranties, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty, such will be the sole responsibility of MileCatcher. However, you understand and agree that in accordance with the Terms, MileCatcher has disclaimed all warranties of any kind with respect to MileCatcher, and therefore, there are no warranties applicable to MileCatcher, except those implied by law.
Product Claims. You and MileCatcher acknowledge and agree that as between Apple and MileCatcher, MileCatcher, not Apple, is responsible for addressing any of your claims or any third-party claims relating to MileCatcher or your possession and/or use of MileCatcher, including, but not limited to: (i) product liability claims; (ii) any claim that MileCatcher fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Intellectual Property Rights. You and MileCatcher acknowledge and agree that, in the event of any third-party claim that MileCatcher or your possession and use of MileCatcher infringes that third-party’s intellectual property rights, MileCatcher, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under the Terms.
Legal Compliance. You represent and warrant that: (i) you are 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) you are not listed on any U.S. Government list of prohibited or restricted parties.
Developer Name and Address. Any end-user questions, complaints or claims with respect to MileCatcher terms should be directed to:
15127 NE 24th St., #370
Redmond, WA 98052-5547
Email: [email protected]
Third-Party Beneficiary. The parties acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce any of the terms and conditions of the Terms against you as a third-party beneficiary thereof.