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TERMS AND CONDITIONS

 

Introduction

These Website Standard Terms and Conditions written on this webpage shall manage your use of this website and the app (collectively referred to as “website”). These Terms will be applied fully and affect to your use of this Website. By using this Website, you agreed to accept all terms and conditions written in here. You must not use this Website if you disagree with any of these Website Standard Terms and Conditions. Minors or people below 18 years old are not allowed to use this Website.

Intellectual Property Rights

 

Other than the content you own, under these Terms, Smart Driv Inc and/or its licensors own all the intellectual property rights and materials contained in this Website. Subject to your compliance with these Terms, Smart Driv Inc grants you a limited non-exclusive, non-transferable license to download and install a copy of our software app (the "App") on a single mobile device that you own or control and to run such copy of the App and use our Services solely for your own personal non-commercial purposes. We reserve all rights in and to the App and Services not expressly granted to you under these Terms. You may not: (i) copy, modify or create derivative works based on the App or Services; (ii) distribute, transfer, sublicense, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App or Services available to multiple users through any means.

 

Restrictions

 

You are specifically restricted from all of the following

  • publishing any Website material in any other media;

  • selling, sublicensing and/or otherwise commercializing any Website material;

  • publicly performing and/or showing any Website material;

  • using this Website in any way that is or may be damaging to this Website;

  • using this Website in any way that impacts user access to this Website;

  • using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;

  • engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;

  • using this Website to engage in any advertising or marketing.

  • intercept or "sniff" the wireless packets between the Smart Driv Inc hardware and mobile devices or attempt to reverse engineer the Smart Driv Inc solution;

Certain areas of this Website are restricted from being access by you and Smart Driv Inc may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.

 

Downloading Our App

 

When you download our App from the Apple App Store, Google Play or other app store or app distribution platform (an "App Store"), you acknowledge and agree that:

- These Terms are concluded between us, and not with the App Store, and that we (not the App Store), are solely responsible for our App.
- The App Store has no obligation to furnish any maintenance and support services with respect to our App or handle any warranty claims.
- The App Store is not responsible for addressing any claims you have relating to our App, including product liability claims, consumer protection claims, intellectual property infringement claims, or any claim that our App fails to conform to any applicable legal or regulatory requirement.
- The App Store is a third party beneficiary of these Terms and has the right to enforce these Terms against you (as it relates to your license of our App through their App Store). You must also comply with the App Store's terms of service when using our App.

 

Your Content

 

In these Website Standard Terms and Conditions, “Your Content” shall mean any audio, video text, images or other material you choose to enter on this Website. By entering Your Content, you grant Smart Driv Inc a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media. Your Content must be your own and must not be invading any third-party’s rights. Smart Driv Inc reserves the right to remove any of Your Content from this Website at any time without notice.

No warranties

This Website is provided “as is,” with all faults, and Smart Driv Inc express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.

 

Limitation of liability

 

In no event shall Smart Driv Inc, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract.  Smart Driv Inc, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

 

Indemnification

 

You hereby indemnify to the fullest extent Smart Driv Inc from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.

 

Severability

 

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

 

Variation of Terms

 

Smart Driv Inc is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.

 

Assignment

 

The Smart Driv Inc is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

 

Ownership

 

You acknowledge that all intellectual property rights in our Products, App and Services, including the underlying software and technology and the information and content available on our Services, are owned by us and our suppliers (including other users), and are protected by law throughout the world. If you provide any suggestions, ideas, feedback, or recommendations to us regarding our Products, App or Services ("Feedback"), we may use this Feedback for any purpose and without any obligation to you. By providing us with Feedback, you give us a worldwide, perpetual, irrevocable, fully-paid and royalty-free license to use and exploit in any manner any and all Feedback.

 

Entire Agreement

 

These Terms constitute the entire agreement between Smart Driv Inc and you in relation to your use of this Website, and supersede all prior agreements and understandings.

 

Governing Law & Jurisdiction

 

These Terms will be governed by and interpreted in accordance with the laws of the State of Iowa, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Iowa for the resolution of any disputes.

 

Privacy Policy

 

Our privacy policy can be reviewed at www.smartdrivinc.com/privacy

 

Contacting Us

If you have any questions about these Terms, please contact us at contact@smartdrivinc.com.