Please read through these terms and conditions carefully.
Important notice: This agreement is subject to binding arbitration and a waiver of class action rights as detailed below.
Effective date: 2015-07-27
Acceptance of terms:
Automile (referred to as “Automile” or “us” or “we” provides its Hardware and Service (each as defined below) to you (referred to as “you,” “User” or “Customer”) through its mobile applications, its website located at https://automile.com (the “Site”) and through other channels, and is subject to this Terms of Service agreement (the “Terms”). By installing or using the product or Services, you indicate that you accept and agree to these Terms. If you do not agree to these Terms, do not install or use the product or Services.
We reserve the right, at our sole discretion, to change or modify the Terms at any time. The latest version of our Terms will be made available on the webpage https://automile.com and you undertake to revisit the webpage on a regular basis, as the latest version of the Terms will be binding. You acknowledge and agree that the continued use of the Services after the Terms have been modified shall constitute that you have accepted any and all modifications.
Description of Services:
The “Service” includes (a) all mobile applications and other software (including the Software, see below for definition), data, reports, text, images, and content made available through any of the foregoing, (b) the Site, and (c) Automile’s vehicle information and related services. The “Hardware” means Automile’s device that may be connected to your vehicle in connection with the Service. Any new features or updates added to the Service or the Hardware are also subject to these Terms; to keep the Software up-to-date, you agree that we may automatically provide you with such updates without your further consent or notice. You acknowledge and agree that any obligation we may have to support the previous version(s) may be ended upon the availability of the update, upgrade and/or implementation of additional features.
Important notice: In order for the Service to function properly, the Hardware must be correctly installed in the vehicle. The Hardware must also have adequate network and data service in the location where it is used.
You understand and agree that interruptions of the Service may occur as normal events. You further understand and agree that we have no control over third party networks you may access or be required to access in the course of using the Service, and therefore, delays and disruption of or by other network transmissions are completely beyond our control.
You understand and agree that the services available on the Site and mobile apps are provided “as is” and that we assume no responsibility for the timeliness, deletion, miss-delivery or failure to store any user communications or personalization settings.
General Conditions / Access and Use of the Service and Hardware
Subject to the Terms, you may access and use the Hardware and Service only for lawful purposes. You shall not use our Hardware or Service (and we will not be liable for your use of the Hardware or Service) in connection with (a) cars with modified engine or electronic control systems, or (b) cars of any make, model or year that we do not support, as set forth on our website. All rights, title and interest in and to the Service, the Hardware and their components will remain with and belong exclusively to Automile. You shall not: (a) sublicense, resell, lease or otherwise commercially exploit or make the Service available to any third party; (b) use the Hardware or Software in any unlawful manner (including, without limitation, in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Service, the Hardware or their components, (c) reverse engineer, decompile, disassemble, modify, adapt or hack the Service or the Hardware to, or otherwise attempt to, gain unauthorized access to the Service, the Hardware or their related systems or networks, or (d) use the Service or Hardware to obtain or attempt to access any materials or information through any means not intentionally made available or provided for through the Service or Hardware. You shall comply with any codes of conduct, policies or other notices Automile provides you or publishes in connection with the Service and the Hardware, and you shall promptly notify Automile if you learn of a security breach related to the Service.
Recognizing the global nature of the Internet, you agree to comply with all local rules and laws relating to your use of the Service and Hardware.
Automile uses reasonable security measures to protect the data we receive via the Hardware and Service. However, we cannot guarantee that third parties will never defeat our security measures. You acknowledge that you are using the Hardware and Service and sharing information at your own risk.
In the event you change or deactivate your mobile telephone number, you agree to promptly update your Automile account information to ensure that messages are not sent to the person who acquires your old number. In the event that you fail to comply with the obligation to promptly update your Automile account information, you accept full responsibility for any of your messages that may not be delivered or may be sent to the person that acquires your old number.
Representations and Warranties
You represent and warrant to Automile that: (a) you have full power and authority to enter into these Terms; (b) you own all your Content or have obtained all permissions, required to engage in your data collection using the Hardware, posting and other activities (and allow Automile to perform its obligations) in connection with the Hardware and Service without obtaining any further releases or consents; (c) your Content and other activities in connection with the Service, and Automile’s exercise of all rights and license granted by you herein, do not and will not violate, infringe, or misappropriate any third party’s trademark, copyright, right of privacy or publicity, or other personal or proprietary right, nor does Your Content contain any matter that is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, invasive of another’s privacy or tortious; and (d) you are eighteen (18) years of age or older.
If you wish to terminate your account, you may do so at any time by following the instructions on the Site or through the Services. We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your account. Any fees paid hereunder are non-refundable. All provisions of these Terms which by their nature should survive termination shall survive termination.
Disclaimer of Warranties:
The Service, including all materials and services available through the Service, are provided on an “as is” and “as available” basis without any warranties of any kind, either expressed or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose, non-infringement, accuracy, quality, timeliness, correctness, completeness or reliability.
Automile makes no warranty that (a) the Hardware or Service will meet your requirements, (b) the Hardware or Service will be uninterrupted, secure, timely, virus-free or error-free, (c) the results (such as vehicle error codes) that may be obtained from the use of the Hardware or Service will be accurate or reliable, or (d) the quality of any services, information, or other material purchased or obtained by you through the Service will meet your expectations. You are solely responsible for safe vehicle operation and proper vehicle maintenance.
Limitation of Liability:
Your exclusive remedy and our entire liability, if any, for any claims arising out of this agreement and your use of the Service shall be limited to the amount you paid us for the particular Service during the six (6) month period before the act giving rise to the liability.
Under no circumstances and under no legal theory (whether in contract, tort, or otherwise) shall Automile be liable to you or any third party for any direct or indirect, special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from death, injuries to persons or damage to property related to your use of the Hardware or Service, or any damages relating to the installation, repair, or maintenance of the Hardware. The provisions of this section allocates the risks under the Terms between the parties, and the parties have relied on these limitations in determining whether to enter these Terms.
Some jurisdictions do not allow exclusion of implied warranties or limitations of liability for incidental or consequential damages, which means some of the Terms outlined above may not apply to you. Automile’s liability will be limited to the greatest extent permitted by law.
You shall defend, indemnify, and hold harmless Automile from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Hardware or Service, violation of these Terms, or infringement by you, or any third party using your account or identity in the Service, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
These Terms, and any disputes, conflicts or claims under them, shall be governed by the substantive laws of Sweden without regard to its principles of conflicts of law. The parties shall use reasonable efforts to settle amicably any disputes that may arise out of or in connection with these Terms. Any disputes relating to or arising out of this agreement shall be finally resolved by arbitration in accordance with the Rules of the Arbitration Institute of the Stockholm Chamber of Commerce. The arbitral tribunal shall consist of a sole arbitrator. The arbitration proceedings shall be held in Stockholm
Questions? Concerns? Suggestions?
Please contact us at firstname.lastname@example.org to report any violations of these Terms or to pose any questions regarding these Terms, the Hardware, or the Service.