General age limitation. You must be at least 16 years of age to use the Service. To the extent prohibited by applicable law, we do not allow use of the Service by Users younger than 16 years old. If you are aware of anyone younger than 16 using the Service, please contact us (for contact information, please, see How to Contact Us Section) and we will take reasonable steps to preclude such person from using the Service. If you are under 18 years of age (or the age of legal majority where you live), you may only use the Service under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such User in connection with the Service. If you are using the Service on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.
You represent and warrant that you have the full power and authority to enter into this agreement and that in doing so you will not violate any other agreement to which you are a party. You further agree to use the Service in compliance with all applicable laws.
If you need to create an account to use the Service, then you also:
- represent and warrant that you previously did not have an account, the use of which was terminated due to violation of the Terms, that is you have not been previously suspended or removed from using the Service;
- represent and warrant that you have never been convicted of a crime that involved stalking someone or interfering with another person’s privacy.
2. User Account. User Content
To access and use some Services, you may need to create an User Account.
Your access to the Service will be terminated and your Account will be deleted immediately, without prior notice from Draivn, in the event that You fail to comply with any provision of these Terms, including but not limited to the use of the Service for illegal purposes.
If any rule of using the Service is under the suspicion of being violated in accordance with these Terms, Draivn has the right to suspend access to the Service until suspicions are resolved or the account is deleted in connection with the confirmation of a violation of the rules.
In some Services, the use of which requires the creation of an account, Draivn may allow you and other Users to create and store content, (collectively, “User Content”). User content includes data transmitted by devices (for example, trackers) that you configured to use the Services.
By submitting any User Content in connection with the Service, you agree that you will not upload, store or otherwise transmit any User Content that:
- violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others;
- you know to be false, misleading or inaccurate;
- contains blatant expressions of bigotry, racism, racially or ethnically offensive content, hate speech, abusiveness, vulgarity or profanity;
- contains or advocates pornography or sexually explicit content, pedophilia, incest, bestiality, or that is otherwise obscene or lewd;
- violates any law or advocates or provides instruction on dangerous, illegal, or predatory acts, or discusses illegal activities with the intent to commit them;
- advocates violent behavior;
- advocates violent behavior;
- contains violent images of killing or physical abuse that appear to have been captured solely, or principally, for exploitative, prurient, or gratuitous purposes;
- is protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. The burden of determining that any User Content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission. Any person determined by Draivn, in its sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or storing any further material on the Service;
- contains any unsolicited or unauthorized advertising or promotional materials with respect to products or services, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation;
- uses the name or likeness of an identifiable natural person without such person’s consent;
- contains data on the location of a third party or his property (for example, car) without his consent of such a person.
By creating an account, the User grants to Draivn the right to store, process, modify and delete User Content in order to ensure the operation of the Service.
3. Service Content. Limited license, copyright and trademark
Except for User’s content created and stored by User, the User agrees that the Service and all software, the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, page headers, button icons, scripts, service marks, logos, slogans, filters, tools, user generated tools and other content contained within the Service (collectively, “Service Content”) are owned by us or licensed to us and are protected under both USA and foreign laws.
Except as explicitly stated in these Terms, we and our licensors reserve all rights in and to the Service and the Service Content. Except as expressly provided herein, nothing in these Terms shall be deemed to create a license to Service Content. Use of the Service Content for any purpose not expressly permitted by these Terms is strictly prohibited.
Our license to User. Subject to the terms and conditions of these Terms, Draivn grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to Use the Service and the Service Content for your own personal use (“User License”), including accessing and viewing Service Content, as expressly permitted by the features of the Service; however, such User License is subject to these Terms and does not include any right to:
- sell, resell or commercially use Service or the Service Content;
- copy, reproduce, distribute, publicly perform or publicly display the Service Content, except as expressly permitted by us or our licensors;
- modify the Service Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of Service or the Service Content, except as expressly set forth in these Terms;
- use any data mining, robots or similar data gathering or extraction methods;
- Use the Service or the Service Content other than as expressly provided in these Terms.
Except for the rights and licenses expressly granted herein, Draivn reserves all other rights and no other rights are granted by implication or otherwise.
Any Use of the Service or the Service Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the User License granted under these Terms. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service Content.
Draivn may terminate this license at any time for any reason or no reason.
4. Service access
Restrictions on Use. User agrees that he/she will not use any robot, spider, scraper or other automated means to access the Service for any purpose without our express written permission. Additionally, User agrees that he/she will not engage in any of the following prohibited activities:
- take any action that imposes or may impose (in Draivn’s sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (other than content User have stored to the Service) from the Service, any software code that is part of the Service, or any services that are offered on the Service without our express written permission;
- interfere or attempt to interfere with the proper operation of the Service or any activities conducted on the Service;
- bypass any measures Draivn may use to prevent or restrict access to the Service or any subparts of the Service including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein;
- transmit spam, chain letters, or other unsolicited communications;
- attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;
- upload invalid data, viruses, worms, or other software agents through or to the Service;
- collect or harvest any personally identifiable information from the Service;
- access any content on the Service through any technology or means other than those provided or authorized by the Service;
- impersonate another person or otherwise misrepresent User’s affiliation with a person or entity,
- conduct fraud,
- hide or attempt to hide User’s identity;
- directly or indirectly, advertise or promote another website, product, or service or solicit other Users for other websites, products or services.
Changes, Termination, and Suspension. Draivn may, without prior notice, change the Service; stop granting an access to the Service or features of the Service, to User or to Users generally; or create usage limits for the Service. At its sole discretion, Draivn may permanently or temporarily terminate or suspend User’s access to the Service without notice and liability for any reason, including if in our sole determination User has violated any provision of these Terms, or for no reason. Upon termination for any reason or no reason, User continues to be bound by any of these Terms, which by their nature should survive termination, shall do so.
Use Conditions relating to the operation of the Service. The User agrees to the conditions relating to the operation of the Service set forth in the Appendix to the Terms, if any additional conditions exist.
5. In-app purchases and subscriptions
Draivn may include features or tools that can be licensed for a fee, typically via in-app purchase (“Purchased Content”). You may only use the Purchased Content if you are over 18 years old (or the age of legal majority), and only on a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable basis for non-commercial use only. We reserve the right to manage, regulate, control, modify, or eliminate Purchased Content at any time (and in case of subscriptions, after a specified time under terms of a respective subscription). Upon the Purchased Content being available to you (and in case of subscriptions, after the Purchased Content has been available to you for a specified time under terms of a respective subscription), our obligations to provide the Purchased Content are deemed fulfilled, and we make no representation that the Purchased Content will be available to the purchaser for any length of time (otherwise as may be specified in terms of a respective subscription), nor that Draivn will continue to support the Purchased Content (otherwise as may be specified in terms of a respective subscription). SUBJECT TO MANDATORY LEGISLATION, YOU ACKNOWLEDGE THAT WE ARE NOT REQUIRED TO PROVIDE A REFUND FOR THE PURCHASED CONTENT FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR THE UNUSED PURCHASED CONTENT, WHETHER YOUR LOSS WAS VOLUNTARY OR INVOLUNTARY.
It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority in your country. Draivn is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction in your country.
6. Third party links
7. Disclaimer of Warranty; Limitation of Liability
(A) YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. DRAIVN, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, THIRD-PARTY SERVICE PROVIDERS OR LICENSORS DO NOT WARRANT THAT USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE, NOR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, OR SERVICE, PROVIDED THROUGH THE SERVICE.
(B) THE SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS.
(C) TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL DRAIVN, OR ITS FUTURE PARENT OR AFFILIATED COMPANIES, BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT OF USE OF THE SERVICE OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE SERVICE, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON THE SERVICE. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF DRAIVN OR FUTURE PARENT OR AFFILIATED COMPANIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT DRAIVN OR FUTURE PARENT OR AFFILIATED COMPANIES ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE WEBSITES OR ANY OTHER THIRD PARTIES.
IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
(D) We disclaim any and all liability of any kind for any unauthorized access to or use of your personally identifiable information. By logging to the Service, you acknowledge and agree to our disclaimer of any such liability. If you do not agree, you should not access or use the Service.
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless us and each of our respective officers, directors, agents, partners and employees of the Draivn (individually and collectively, “Draivn Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs (“Claims”) arising out of or related to:
- your Use of the Service;
- your User Content or Feedback;
- your violation of these Terms;
- your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights);
- your conduct in connection with the Service.
You agree to promptly notify the Draivn Parties of any third party Claims, cooperate with the Draivn Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the Draivn Parties will have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and us or the other Draivn Parties.
9. Dispute resolution; binding arbitration
These Terms shall be governed by, construed and enforced in accordance with the laws of USA.
Any and all claims, disputes or controversies arising under, out of, or in connection with Terms, breach, termination or validity thereof, which have not been resolved by good faith negotiations between Draivn and you within period of thirty (30) calendar days after receipt of a notice from one party to the other requesting negotiations shall be resolved by final and binding arbitration in the Superior Court New Castle County in accordance with its Rules of Arbitration as in force and effect on the date of these Terms. Disputes shall be settled by a single arbitrator. Arbitration proceedings shall be held in USA, Delaware. The place of arbitration shall be Delaware, USA. The language of arbitration shall be English. Relevant documents in other languages shall be translated into English if the arbitrators so direct. All expenses and costs of the arbitrators and the arbitration in connection therewith will be shared equally, except that Draivn and you will each bear the costs of its own prosecution and defence, including without limitation attorney’s fees and the production of witnesses and other evidence. Any award rendered in such arbitration shall be final and may be enforced by either party.
The parties agree to keep all details of the arbitration proceedings and arbitral award strictly confidential and shall use all reasonable efforts to take such action as may be appropriate to prevent the unauthorised disclosure of the proceedings, any information disclosed in connection therewith and the award granted.
ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR SERVICE MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU AND DRAIVN WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.
10. Changes to these Terms
11. Electronic communications
By using the Service, you also consent to receive electronic communications from us (e.g., via email or by posting notices on the Service). You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including but not limited to that such communications shall be in writing.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
13. Additional terms applicable to IOS devices
The following terms apply if you use the Service on any device that contains the iOS mobile operating system developed by Apple Inc. (“Apple”).
Acknowledgement. You acknowledge that these Terms are concluded solely between you, and not with Apple, and us, not Apple. We are solely responsible for the Service and the content thereof. You further acknowledge that the usage rules for the Service 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 the Service, and in the event of any conflict, the usage rules in the Apple App Store shall govern if they are more restrictive. You acknowledge and agree that you have had the opportunity to review the Apple usage rules.
Scope of License. The license granted to you is limited to a non-transferable license to use the Service on any iPhone, iPod touch or iPad that you own or control as permitted by the Apple usage rules set forth in the Apple App Store terms of servic.
Maintenance and Support. You and us acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service.
Warranty. You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the Service by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service. You and Draivn acknowledge that to the extent that there are any applicable warranties, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty would be the sole responsibility of the Draivn. However, you understand and agree that in accordance with these Terms, the Draivn has disclaimed all warranties of any kind with respect to the Service, and therefore, there are no warranties applicable to the Service.
Product Claims. You and Draivn acknowledge that as between Apple and the Draivn, Draivn, not Apple, is responsible for addressing any claims relating to the Service or your possession and/or use of the Service, including, but not limited to (i) product liability claims, (ii) any claim that the Service 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 Draivn acknowledge that, in the event of any third party claim that the Service or your possession and use of the Service infringe third party’s intellectual property rights, Draivn, 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 these Terms.
Developer Name and Address. Any questions, complaints or claims with respect to the Service should be directed to:
Third-Party Terms of Agreement. You agree to comply with any applicable third-party terms when using the Service.
Third-Party Beneficiary. You and Draivn acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof).
Additional conditions related to the operation of the Service
If User use Draivn application or its web-version (further in this section the "Service"), then the User agrees to the following conditions relating directly to the operation of the Service and the User content that was created using the Service:
- If the unit created within the Service has not transmitted any data at all it will be deleted automatically in two weeks.
- If the unit has transmitted data more than nine months ago, this unit will be deleted automatically.
- Accounts that are not having units are deleted automatically after two weeks since the last login.
- All the accounts are deleted automatically after nine months of non-use, whether they have units or not.
- If the unit created within the Service or User account is deleted by the User or at his request, as well as automatically in the cases mentioned above, all information associated with this unit or this account is deleted. This information cannot be restored in the future.
- You may be provided with technical support services and Service maintenance. Draivn does not guarantee quality of technical support services and Service maintenance, including but not limited to, does not guarantee that all your questions will be considered, that they will be considered efficiently and quickly. Draivn does not guarantee the provision of technical support and Service maintenance to you and may refuse to provide technical support at any time without prior notice.
- Draivn also reserves the right to block and subsequently delete your account (accounts) without prior notice if provision to You the right to use the Service is no longer commercially valuable.