Terms of Service
Last updated: August 14, 2023
This Terms of Use agreement (“Agreement”) specifies the terms and conditions for access to and use of MotorMouth Corp.’s (“Company,” “we,” or “us”) online and/or mobile services, website, and software provided on or in connection with the service (collectively “Service”). By accessing or using the Service, including by downloading any software we make available to access the Service via a mobile device (“Mobile Application”), you indicate that you have reviewed, understood, and agree to be bound by and consent to this Agreement and to the collection and use of your information as set forth in our Privacy Policy, whether or not you are a registered user of our Service. This Agreement applies to all visitors, users, and others who access or use the Service (“Users”).
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS VARIOUS LIMITATIONS AND EXCLUSIONS ON DAMAGES YOU MAY CLAIM AGAINST US AND INDEMNIFICATION OBLIGATIONS YOU OWE TO US. EXCEPT WHERE PROHIBITED BY LAW, THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES DISPUTE RESOLUTION BY INDIVIDUAL ARBITRATION IN PLACE OF JURY TRIALS OR CLASS ACTIONS.
We may update this Agreement from time to time. The current version will be indicated by the “Last Updated” date and the updated version will be effective as soon as it is accessible. If we make material changes to this Agreement, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this Agreement frequently to ensure that you are fully informed of its content.
ACCESS TO OUR SERVICES
Eligibility Requirements
You must be able to form a legally binding contract with Company to use the Service and may only use the Service in compliance with this Agreement and all applicable local, state, provincial, federal, national, and international laws, rules and regulations. No individual under the age of eighteen (18) may create an account for the Service without first being invited to join an Account Group (as defined below) with the consent of their parent or legal guardian. For users in Korea, the Service is not available to anyone under the age of 14. By providing consent for a child under the age of eighteen (18) to use the Service, parents and legal guardians agree to: (i) exercise oversight of the child’s use of the Service, including ensuring that such use is always in accordance with this Agreement and the Privacy Policy, all documents related hereto, and all applicable laws, and to be fully responsible and liable for the child’s compliance with this Agreement and the child’s use of the Service; (ii) the disclaimers, waivers and limitations of liability set out in this Agreement on your behalf and on the child’s behalf; and (iii) be fully liable for and to fully indemnify, defend, and hold harmless Company and our subsidiaries, agents/mandataries, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, expenses, legal fees and costs arising, directly or indirectly, from such child’s use of the Service or such child’s failure to comply with this Agreement. By allowing consenting to your child’s use of the Service, you consent to your child’s participation in all aspects of the Service and accompanying services made available, including sharing personal information geolocation information and sending messages with other users within the Account Group that your child is a member of. All references to “you” or “your” throughout this Agreement will be considered to include your child or your ward, as applicable. The Service is not available to any Users previously removed from the Service by us.
Account Registration
The User account that you register with us enables you to access the Service and functionalities which we may maintain and further develop from time to time and in our sole discretion. During the account registration process and every time you log into your account, you will be required to provide and/or have disclosed your phone number to our third-party verification partner, Auth0, Inc. This process helps us ensure that all User accounts are registering with a valid phone number. By using our Service, you authorize us and our affiliates and third-party partners to send text messages/SMS to your phone number to verify log in and agree to incur any fees associated with such text messages/SMS.
When you create an individual User account and subscribe to our Service, your account will be designated as the “Account Owner.” Each Account Owner may invite a maximum of eight (8) additional Users to join the Account Owner’s network (“Account Group”). If you create a User account in response to an invite to join an Account Owner’s Account Group, your account will not be designated as an Account Owner, and you will be unable to invite individuals to join our Service or the Account Group you are a member of. For specific restrictions regarding the registration and invitation of User accounts for individuals under the age of 18, please review the “Eligibility Requirements” section of this Agreement above, as well as our Privacy Policy, including but not limited to, the “Policies Regarding Children” section contained therein.
When creating your User account and providing us with your information, including any personal or billing information, you must provide accurate and complete information. In accordance with this Agreement and our Privacy Policy, by using our Service, you authorize us and our affiliates and third-party partners, to share your User information, collected in connection with your use of our Services, with all members of the Account Group that your User account is a member of.
You are solely responsible for the activity that occurs on your User account, including billing activity, and you must keep your account details including any log in information secure. You must notify us immediately of any breach of security or unauthorized use of your account. You may control your User profile and how you interact with the Service by changing settings that are made available to you. Utilizing another User’s account without their prior consent is strictly prohibited. We will not be liable for any losses caused by any unauthorized use of your account.
If you provide, or we suspect you are providing, any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
Prohibited Activities
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
You agree not to engage in the following prohibited activities:
(i) copying, distributing, transmitting, disassembling, decompiling, publicly displaying, republishing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) creating any derivative works of the Service or incorporating the Service or any portion thereof into any other program or product; (iii) determining or attempting to determine any source code, algorithms, methods, or techniques embodied by the Service or any derivative works thereof; (iv) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Company servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (v) systematically retrieving data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from the Company; (vi) transmitting spam, chain letters, or other unsolicited email; (vii) using the Service for any commercial solicitation purposes; (viii) using a buying agent or purchasing agent to make purchases on the Services; (ix) uploading invalid data, viruses, worms, or other software agents through the Service; (x) uploading or transmitting (or attempting to upload or to transmit) any material that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services; (xi) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (xii) taking any action that imposes, or may impose at our sole discretion a disproportionately large load on our infrastructure; (xiii) impersonating another person, conducting fraud, hiding or attempting to hide your identity; (xiv) tricking, defrauding, or misleading us and other users; (xv) collecting or harvesting any personally identifiable information, including account names, from the Service; (xvi) making any unauthorized use of the Services, including collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email, or creating User accounts by automated means or under false pretenses; (xvii) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (xviii) engaging in unauthorized framing of or linking to the Services; (xix) encouraging any conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm us or Users of the Service or expose us or them to liability; (xx) making improper use of our support services or submitting false reports of abuse or misconduct; (xxi) violating, or promoting the violation of, this Agreement or any applicable federal, provincial, local, state, foreign, or international law or regulation, including any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property or legal rights (including the rights of publicity and privacy of others); (xxii) using any information obtained from the Services in order to harass, abuse, or harm another person.
INTELLECTUAL PROPERTY RIGHTS
Our Intellectual Property
Except for User Content (as defined below), the Service and all materials, services, and information therein or transferred thereby, including, without limitation, all source code, databases, functionality, software, website designs, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, text, content, reports, features, functionality, design, presentation, analyses and data that is generated, collected, or transmitted through the Service, the appearances of the website, Mobile Application and the Service, and User Content belonging to other Users (collectively, the “Company Content”), as well as all Intellectual Property Rights (as defined below) related thereto, are the exclusive property of Company and our licensors.
Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any Company Content. Use of the Company Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, province, country, territory, or other jurisdiction.
License to Use Our Services
Subject to the terms and conditions of this Agreement, we hereby grant you a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial use only and as permitted by the features of the Service. In the event that you intend to use our Services for commercial use, we require that you either contact us at support@motormouth.io to notify us of same, or indicate such commercial use by checking the applicable box during account registration or when adding a new user to your Account Group. Company reserves all rights not expressly granted herein in the Service, the Content, and the marks. Company may terminate this license at any time for any reason or no reason.
You bear full responsibility for all interactions with other Users. While we reserve the right to monitor disputes between you and other Users, we are under no obligation to do so. The Company will not be liable for your interactions with other Users or any actions or inactions of any User.
User Generated Content
Some features of the Service allow Users to post to a community board or social media or transmit content such as profile information, images, messages and other content or information (any such content a User submits, posts, displays, creates, or affirmatively chooses to make available on the Service is “User Content”). User Content does not include information collected from or about your phone or device. By posting or transmitting User Content you agree, represent, and warrant that:
(i) you have read and agree to abide by our “PROHIBITED ACTIVITIES” and will not post, send, publish, upload, or transmit through the Service any User Content that is illegal, harassing, hateful, harmful, threatening, racially or ethnically offensive, libelous, defamatory, obscene, bullying, humiliating to other people (publicly or otherwise), abusive, discriminatory, threatening to any person, animal, or group, sexually explicit, false, inaccurate, deceitful, or misleading, invasive of personal privacy or publicity rights, profane, or otherwise objectionable, may create a risk of any other loss or damage to any person or property, seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise, interferes with other Users of the Service including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Service and deleting or revising any content posted by another person or entity; (ii) any such User Content does not and will not violate third-party rights of any kind, including without limitation any intellectual property rights, and is either original to you or you have the necessary rights, licenses, and authority to both submit such User Content and grant us the User Content License (as defined below); and (iii) your User Content does not constitute confidential or proprietary information.
By posting or transmitting User Content, you authorize others to view, edit, and/or share your User Content in accordance with your settings and this Agreement. Company maintains the right, but not the obligation, in our sole discretion to remove any User Content that is shared via the Service.
User Content License
We claim no ownership rights over User Content created or submitted by you. The User Content you create remains yours; however, by sharing User Content through the Service, you agree to expressly grant, and you represent and warrant that you have all rights necessary to grant, to Company a royalty-free, sublicensable (including via multiple tiers of sublicensing), transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and for our commercial, marketing, advertising, and other purposes.
MODIFICATIONS AND INTERRUPTIONS
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Service, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Service during any downtime or discontinuance of the Service. Nothing in this Agreement shall be construed to obligate us to maintain and support the Service or to supply any corrections, updates, or releases in connection therewith.
MOBILE APPLICATION AND DEVICE TERMS
Mobile Application
To use the Mobile Application, you must have a mobile device that is compatible with the Mobile Application. Company does not warrant that the Mobile Application will be compatible with your mobile device. Company hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Application for one User account owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third party or use the Mobile Application to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application.
The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and Company or its third-party partners or suppliers retain all right, title, and interest in the Mobile Application. Any attempt by you to transfer any of the rights, duties, or obligations hereunder, except as expressly provided for in this Agreement, is null and void. Company reserves all rights not expressly granted under this Agreement.
If the Mobile Application is being acquired on behalf of the United States Government, then the following provision applies. The Mobile Application will be deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of the Service and any accompanying documentation by the U.S. Government will be governed solely by this Agreement. The Mobile Application originates in the United States and is subject to United States export laws and regulations. The Mobile Application may not be exported or re-exported to certain countries, or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Applications may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Applications and the Service.
Mobile Device and Updates
You acknowledge that we may from time-to-time issue upgraded versions of the Mobile Application, and may automatically, electronically upgrade the version of the mobile application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree that this Agreement will apply to all such upgrades.
Mobile Data
You may use mobile data in connection with the Mobile Application and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. We advise you to check with your mobile carrier regarding your plan, data rates, and limitations.
Mobile Applications From the Apple App Store
The following applies to any mobile applications that you acquire from the Apple App Store (“Apple-Sourced Software”): You acknowledge and agree that this Agreement is solely between you and Company, not Apple, Inc. (“Apple”) and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software.
In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Company as provider of the software.
You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Company as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party’s intellectual property rights, Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof.
Mobile Applications from the Google Play Store
The following applies to any mobile applications you acquire from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that this Agreement is between you and Company only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) Company, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or this Agreement; and (vi) you acknowledge and agree that Google is a third-party beneficiary to this Agreement as it relates to Company’s Google-Sourced Software.
Mobile Applications from Amazon Appstore.
The following applies to any mobile applications you acquire from the Amazon Appstore (“Amazon-Sourced Software”): (i) you acknowledge that this Agreement is between you and Company only, and not with Amazon (“Amazon”); (ii) your use of Amazon-Sourced Software must comply with Amazon’s then-current Amazon Appstore Terms of Service; (iii) Amazon is only a provider of the Amazon Appstore where you obtained the Amazon-Sourced Software; (iv) Company, and not Amazon, is solely responsible for its Amazon-Sourced Software; (v) Amazon has no obligation or liability to you with respect to Amazon-Sourced Software or this Agreement; and (vi) you acknowledge and agree that Amazon is a third-party beneficiary to this Agreement as it relates to Company’s Amazon-Sourced Software.
COMMUNICATIONS
Email Communications
Visiting the Service, providing and/or sending us emails, and completing online forms constitute electronic communications. In doing so, you consent to receive electronic communications, and agree that all agreements, notices, including any notices required by law, and other communications that we provide to you electronically, via email and on the Service, satisfy any legal requirement that such communication be in writing and/or transmitted by physical mail. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive promotional email messages, you may opt out by unsubscribing from such email communications from Company. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers. You may not opt-out of administrative emails regarding billing on the User Account.
SMS/Text Messaging
By providing your telephone number during the account registration process, you acknowledge and consent to receive: i) SMS/text messages containing account access codes to the telephone number provided from our third-party verification partner, Auth0, Inc., every time you attempt to log into your account (“Login Messages”); ii) recurring automated promotional and personalized marketing SMS/text messages from us at the telephone number used during account registration (“Marketing Messages”); iii) SMS/text messages related to a monitoring feature of the Service, such as detection of a significant motor vehicle collision involving a member of your Account Group (“Monitoring Messages”); and iv) SMS/text messages to notifying you of an emergency if you are listed as another User’s emergency contact (“Emergency Contact Messages”).
Login Messages are provided by Auth0, Inc. in lieu of an account password. As such, consenting to receipt of Login Messages is a necessary security feature and is required to access and utilize our Services. If you wish to opt-out of receiving Login Messages, please cancel your User account and no longer attempt to access our Services.
At any time, you may reply to Marketing Messages with “HELP” to receive assistance, or with “STOP” to opt-out of receiving Marketing Messages. You consent to receive one final SMS/text message confirming your request following a request to unsubscribe to Marketing Messages.
To opt-out of receiving Monitoring Messages, please adjust your User preferences in the Account Settings section of our Mobile Application.
To opt-out of receiving Emergency Contact Messages, please contact the User responsible for listing you as their emergency contact.
You may also unsubscribe, resubscribe, or request technical assistance regarding any Marketing Messages, Monitoring Messages, or Emergency Contact Messages by emailing us at support@motormouth.io.
You certify that your mobile number provided is true and accurate and that you are authorized to enroll the designated mobile number to receive such text messages. You acknowledge and agree that the SMS/text messages may be sent using an automatic telephone dialing system, that standard message and data rates apply, and the frequency of messages may vary. SMS/texting features may not be available on all carriers or compatible with all mobile phone models and carriers. We are not responsible or liable for any delays, undelivered SMS/text messages or alerts, or technical issues surrounding sending or receiving SMS/text messages or alerts.
FEATURES
The Service includes a variety of features which may or may not be available to you depending on your settings, preferences, and account subscription status. Access to specific features of the Service may require that you download, install, and utilize the Mobile Application. Not all features of the Service may be available in your country.
Location Based Features
Certain features of the Service are designed to collect and share location information about you and other individuals who use the Service, and to detect and monitor movement behaviors. To work properly, these features require the corresponding Mobile Application to be installed on the device for which location and movement data will be provided, require access to location, sensory and motion data from the mobile device, and require an active internet, cellular network or wireless service provider connection. These features may not work properly if the corresponding device permissions and settings allowing access to location, sensory and motion data are not properly configured or enabled. If properly configured, the Service collects location, sensory and motion data from your mobile device in order to share location information, calculate and detect movement, including speed of travel, immediate stops, potential collisions, and motor-vehicle data, create event summaries, and otherwise provide or facilitate the features and functionality of the Service. This data is collected regardless of whether you are the operator or passenger of a motor vehicle. If you do not have permission from the operator to collect such information, deactivate all location-based and movement monitoring features. By enabling location services and movement detection features in a motor vehicle, you represent and warrant that you are operating the motor vehicle, or that you have the necessary consent from the operator, for Company to collect and use location and movement data from your device to provide the Service, and for other purposes as described in our Privacy Policy.
Google Assistant-enabled, Siri-enabled, and Alexa-enabled Controls
Certain features of the Service may be utilized via Google Assistant-enabled, Siri-enabled or Alexa-enabled devices use of interactive commands (“Actions”). Actions include voice-driven features that allow access to information about your User account and Account Group on smartphones, smart speakers, and other devices that connect to Google Assistant-enabled, Siri-enabled or Alexa-enabled devices.
To use Actions, you will be required to speak to your Google Assistant-enabled, Siri-enabled or Alexa-enabled device. Upon processing an Action, you will receive a response displayed on a screen of a device and/or via audio response. For example, when you ask where a specific member of your Account Group is, you will be provided a response on your Google Assistant-enabled, Siri-enabled or Alexa-enabled devices that repeats the name and location of the corresponding Account Group member. Any communication to Company via a Google Assistant-enabled, Siri-enabled or Alexa-enabled device will be treated by Company as a communication authorized by you, and any communication from Company via a Google Assistant-enabled, Siri-enabled or Alexa-enabled device in response to a request received from your Google Assistant-enabled, Siri-enabled or Alexa-enabled device will be treated by Company as a communication to you. Once you have enabled Actions on your Google Assistant-enabled, Siri-enabled or Alexa-enabled device, you are authorizing Company to provide information to the device. You are responsible for all vocal commands and other data transmitted through the use of Actions, including in the case of any unauthorized access by a third party.
You are solely responsible for how Actions are used and for all of the interactions with Company via Actions. It is possible that someone other than you could interact with Company via Actions on your device, or that someone could overhear you interacting with Company via Actions and learn information about the location of members in your Account Group. You should be aware of your surroundings and consider utilizing any security features that may be available to you on your device(s), including any voice recognition features such as Alexa Voice ID, PIN numbers, additional methods of authentication, or passwords, to protect the privacy of your User account and the information of members of your Account Group. We may alert your Account Group if you have enabled Actions.
It is possible that Google Assistant-enabled, Siri-enabled or Alexa-enabled devices, Google, Apple and/or Amazon will record your interactions when processing or responding to Actions. By using Actions, you consent to the information contained in your interactions with the Actions being shared with Google, Apple and Amazon, and Google Assistant-enabled, Siri-enabled or Alexa-enabled devices. Your use of Google Assistant-enabled, Siri-enabled or Alexa-enabled devices through which you may use Actions is subject to your corresponding agreements, including each respective privacy policy, with Google, Apple and/or Amazon; please review each applicable agreement and policy to fully understand how Google, Apple and/or Amazon processes these interactions, as Company is not affiliated with or responsible for your agreements and interactions with Google, Apple, Amazon, Google Assistant-enabled, Siri-enabled or Alexa-enabled devices. Company is not affiliated with Google, Apple or Amazon and is not responsible for the functioning, malfunctioning, or for any inaccuracies that may result from interactions with Google Assistant-enabled, Siri-enabled or Alexa-enabled devices. It is possible that your use of Actions may be interrupted and/or result in errors, such as failures in voice recognition and misunderstanding of vocal commands. If you are unsure of the accuracy of the information delivered through Actions, please access your Company account through the Mobile Application.
If you do not enable Actions, any member of your Account Group that has elected to enable Actions on a Google Assistant-enabled, Siri-enabled or Alexa-enabled device may still access and make available your personal information, including location, to Google, Apple, Amazon, and to any individual who has access to a device on which the Actions have been enabled by a member of your Account Group. You may opt-out of this information sharing by requesting that all members of your Account Group unlink all Google Assistant-enabled, Siri-enabled or Alexa-enabled devices, or by leaving the Account Group or uninstalling the Mobile Application.
PRICING AND BILLING PRACTICIES
Subscription Features
Services are made available to all Users on a paid subscription basis at various levels of benefits according to your membership plan level (“Subscription Features”). If you elect to use Subscription Features, you agree to the pricing and payment terms and that we may update them from time to time. We may add new features for additional fees and charges, or amend fees and charges for existing services, at any time in our sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in this Agreement. If we elect to change our pricing or payment terms, we will notify our Users with Subscription Features via the Service or in email to you, at our option or as required by applicable law, at least thirty (30) days prior to such change taking effect. Your continued use of the Subscription Features following the implementation of a price change constitutes your agreement to pay the changed amount. If you do not agree to the new prices, please follow the instructions in the “Cancellation and Refunds” section below.
Pricing and Payment Terms
We are not responsible for any overdraft fees, credit-limit penalties, or additional expenses you incur resulting from charges billed by Company in accordance with this Agreement. By providing a payment method in connection with your Subscription Features, you authorize us to continue charging the payment method for all charges due, including taxes, until your account is settled and your subscription is terminated by either you or us. We reserve the right to limit the number of accounts that may be charged to a credit card or other payment or identification method.
Currently, we offer a monthly subscription and yearly subscription.
Payment Methods
We accept credit and debit cards issued through VISA, MasterCard, American Express, and Discover using a third party provider processing service. We also may, from time to time, accept in-app payments such as from third parties like Apple or Google. We may require that additional verification information is provided to validate your payment such as the security code associated with your debit or credit card. In the event that we are unable to charge the card that you have provided, we will notify you. Following a failed payment, you will be provided a seven (7)-day grace period to update your billing information. If the account is not updated within the seven (7)-day grace period, Company may terminate your account and/or remove access to Subscription Features.
Cancellation and Refunds
You may cancel your Subscription Features or close your account at any time. To cancel your Subscription Feature or close your account, you may email support@motormouth.io or do so within the settings of our Mobile Application or website. If you send an email, please include your name, the email address you registered your User account with, and a phone number where you can be reached. Please be aware, it may take up to five (5) business days to process a cancelation request or to provide further instructions to facilitate your cancellation request depending on the method of payment you utilized to pay for your Subscription Features.
Except where required by applicable law, we do not provide refunds for any unused Service, time, features, or anything else associated with your canceled Subscription Features or account. Upon cancelling any Subscription Features, your subscription will be valid until your then-current paid period is completed. For avoidance of doubt and by way of example, if you paid for a one year subscription in advance, and you cancel 3 months into the one year subscription, you are not entitled to a refund.
Taxes
You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions, or other monetary transaction interactions.
MISCELLANEOUS
Privacy and Security
Please review our Privacy Policy for more information on how we collect, process, use, and share information collected about you. You consent to the collection, processing, use, and disclosure of your information for the purposes described in our Privacy Policy.
While we have diligently implemented security measures to protect your personal information, we cannot guarantee that such security measures will never be bypassed by a bad actor. We cannot guarantee the integrity and security of your personal information or that your personal information will not be used for improper purposes. You acknowledge that you provide your personal information at your own risk.
Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Service; (2) breach of this Agreement or Privacy Policy; (3) any breach of your representations and warranties set forth in this Agreement; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; (5) any overt harmful act toward any other user of the Service with whom you connected via the Service; or (6) commercial use of the Service, including claims made by current and former customers and employees. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
No Warranty
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PRIVACY, SECURITY, ACCURACY, TIMELINESS, QUALITY, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, COMPANY, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT WARRANT THAT: (I) THE SERVICE OR RESULTS THAT ARE OBTAINED FROM USE OF THE SERVICE (E.G., DATA, INFORMATION, LOCATION, CRASH DETECTION OR REPORTING, EMERGENCY ASSISTANCE, ETC.) WILL BE ACCURATE, RELIABLE, ERROR-FREE OR CORRECT; (II) THE SERVICE OR RESULTS THAT ARE OBTAINED FROM USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS; (III) THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, TIMELY, UNINTERRUPTED OR SECURE; (IV) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (V) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, OUR AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL COMPANY BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, OMISSIONS, MISTAKES, OR INACCURACIES FROM THE SERVICE OR RESULTS THAT ARE OBTAINED FROM USE OF THE SERVICE (E.G., DATA, INFORMATION, LOCATION, CRASH DETECTION OR REPORTING, EMERGENCY ASSISTANCE, ETC.); (II) PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT 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 INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; AND/OR (VIII) ANY ACTION OR INACTION OF THIRD PARTIES. IN NO EVENT SHALL COMPANY, OUR AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU OR ANY USER FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO COMPANY HEREUNDER IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS (US $100.00), WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
All legal actions arising with respect to the Service shall, unless prohibited by applicable law, be barred unless written notice thereof is received by Company within one year from the date of the event giving rise to such legal action.
The Service is controlled and operated from facilities in the United States. Other than Canada, Company makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
Governing Law
You agree that: (i) the Service shall be deemed solely based in the State of Florida; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Company, either specific or general, in jurisdictions other than Florida. This Agreement shall be governed by the internal substantive laws of the State of Florida, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in St. Lucie County, Florida for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of our Intellectual Property Rights as set forth in the Arbitration provision below.
Arbitration
In the event that we are unable to resolve a dispute with you after ninety (90) days, except where prohibited by applicable law, we each agree to resolve any claim, dispute, or controversy (excluding any Company claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the Judicial Mediation and Arbitration Services (“JAMS”). Such arbitration will be conducted in St. Lucie County, California, unless you and Company agree otherwise. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed to prevent us from seeking injunctive or other equitable relief from the courts as necessary to protect any of our proprietary interests.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
Assignment
This Agreement, and any rights and licenses granted hereunder, may not be transferred, or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Entire Agreement
This Agreement, together with any amendments and any additional agreements you may enter into with us in connection with the Service, shall constitute the entire agreement between you and Company concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement.
CONTACT US IF YOU HAVE ANY QUESTIONS OR CONCERNS
If you have any questions about our privacy practices, this Agreement, or our products or services, please contact us via email at support@motormouth.io. You may also contact us via mail at:
MotorMouth Corp.
729 S.W. Federal Highway, Suite 200,
Stuart, FL 34994