DESCRIPTION OF SERVICE
AVAILABILITY OF THE APP
You acknowledge that there may be interruptions in service or events that are beyond ROADbotics’ control. While ROADbotics uses reasonable efforts to keep the App accessible, the App may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of ROADbotics’ control, access to the App may be interrupted, suspended or terminated. You further understand that there may be interruptions in service or events on third-party sites that will impact your use of the App and that are beyond ROADbotics’ control to prevent or correct.
INTELLECTUAL PROPERTY RIGHTS
ROADbotics shall have a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into the App or otherwise use any suggestions, enhancement requests, recommendations or other feedback ROADbotics receives from You. ROADbotics, and ROADbotics’ other product and service names, and logos used or displayed on the App or the ROADbotics website are registered or unregistered trademarks of ROADbotics (collectively, “ROADbotics Marks”), and You may only use such ROADbotics Marks to identify yourself as a customer and user of the App; provided You do not attempt, now or in the future, to claim any rights in the Marks, degrade the distinctiveness of the ROADbotics Marks, or use the ROADbotics Marks to disparage or misrepresent ROADbotics, its services or products.
All rights, title and interest in and to the App and its components, including all related Intellectual Property Rights, will remain with and belong exclusively to ROADbotics and its third-party vendors.
USE OF THE APP
You are responsible for all information, data, text, messages or other materials transmitted by you via the App. You are responsible for complying with all applicable laws, including without limitation those laws that address text messaging and/or mobile phone use while driving or otherwise operating a motor vehicle. You are responsible for maintaining the confidentiality of Your personal data, such as password and account information. If ROADbotics provides the capability for You to create a user ID and password, You are fully responsible for any and all activities that occur under Your login or account. You agree and acknowledge that Your login may only be used by one (1) person, and that You will not share a single login among multiple people. You agree that You will not sell, trade or otherwise transfer Your login or account to another party and that you will not, unless otherwise specifically agreed to in writing by ROADbotics, charge anyone for access to any portion of the App, or any information therein. You agree that you are responsible for anything that happens through your account until you cancel your subscription and close your account or prove that your account security was compromised due to no fault of your own.
You acknowledge that an internet connection is required to use the App, and any associated charges (e.g. mobile data expenses) incurred by Your use of the App are Your exclusive responsibility and made solely at Your expense. Transmitting and receiving updates and data collected by the App to and from ROADbotics requires an online connection between Your mobile device and the internet. The expenses of such connection are as prescribed by the agreement between You and Your communication service provider (such as Your cellular company), and according to its applicable terms of payment. You acknowledge that the amount of data collected by the App and transmitted from Your mobile device to ROADbotics may be significant and that You shall be solely responsible for any associated costs.
ALWAYS DRIVE WITH CAUTION AND IN ACCORDANCE WITH ALL LAWS. DO NOT MANUALLY UTILIZE OR ADJUST SETTINGS ON THIS APPLICATION WHILE DRIVING, IN VIOLATION OF ANY LAW, OR IN ANY MANNER THAT WOULD DISTRACT A DRIVER.
DATA PRIVACY AND SECURITY
ROADbotics shall maintain appropriate administrative, physical and technical safeguards to protect the security, confidentiality and integrity of Your data. These safeguards include encryption of Your data in transmission (using SSL or similar technologies), except for external third party integrations that do not support encryption, which You may link to the App at Your choice.
CANCELLATION AND TERMINATION
DISCLAIMER OF WARRANTIES AND LIABILITY
THE APP AND ANY ROADBOTICS DATA OR CONTENT, AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW, AND ROADBOTICS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
ROADBOTICS DOES NOT REPRESENT OR WARRANT THAT THE APP, CONTENT OR MATERIALS FROM OR RELATED TO THE APP ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE APP OR ROADBOTICS’ SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE APP AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
ROADBOTICS CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE APP.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK. YOU AGREE AND ACKNOWLEDGE THAT YOU ASSUME FULL, EXCLUSIVE AND SOLE RESPONSIBILITY FOR THE USE OF AND RELIANCE ON THE APP, AND YOU FURTHER AGREE AND ACKNOWLEDGE THAT YOUR USE OF OR RELIANCE ON THE APP IS MADE ENTIRELY AT YOUR OWN RISK. YOU FURTHER ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO DRIVE WITH CAUTION AND TO COMPLY WITH ALL APPLICABLE LAWS (INCLUDING TRAFFIC LAWS) WHILE USING THE APP.
LIMITATION OF LIABILITY
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN THESE STATES, ROADBOTICS’ LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Your use of the App, including ROADbotics’ software, is subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department's Office of Foreign Assets Control. You shall not — directly or indirectly — sell, export, re-export, transfer, divert, or otherwise dispose of any component or element of the App to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving U.S. origin products, including services or software.
RELATIONSHIP; INDEPENDENT CONTRACTOR
Nothing herein contained shall be so construed as to constitute the parties as principal and agent, employer and employee, partners or joint venturers, nor shall any similar relationship be deemed to exist between the parties. Neither party shall have any power to obligate or bind the other party, except as specifically provided herein.