Terms of Service. By downloading, installing and using the Service, the Licensee agrees to these Terms of Service, which shall bind the Licensee.

Transcription

1 Terms of Service TRAKiT is a mobile application that runs in the background of your device and automatically tracks your activity. TRAKiT helps you to make more sustainable transportation choices by highlighting the effects in your routine travel patterns. Effective Date: July 22 th, 2016 Agreement to Terms These terms of use ( Terms of Service ) are a legal agreement concluded between you ( Licensee ) and SustainMobility ( Licensor ) for the TRAKiT app ( Service ). The Licensor licenses use of the Service to the Licensee on the basis of these Terms of Service. The Licensor does not sell the Service to the Licensee. The Licensor remains the owner of the Service at all times. By downloading, installing and using the Service, the Licensee agrees to these Terms of Service, which shall bind the Licensee. If the Licensee does not agree to these Terms of Service, the Licensor does not license the Service to the Licensee and the Licensee must refrain from downloading, installing and using the Service. The Service can only be downloaded, installed and used in accordance with these Terms of Service. Scope The Licensor hereby grants to the Licensee a non-exclusive, non-transferable license to use the Service on the terms and conditions of these Terms of Service ( License ). The License shall remain in force subject to the payment of license fees, if any, unless terminated in accordance with Termination. Under the License, the Licensee may: (a) download, install and use the Service for the Licensee s personal purposes on any compatible device owned or controlled by the Licensee; and (b) receive and use any updates to the Service as may be provided by the Licensor from time to time. The Licensor reserves the right to change, suspend, remove or disable access to the Service at any time without notice. In no event shall the Licensor be liable for the removal or disabling of, or for imposing limits on, access to or use of the

2 Service. Refer to the section Termination which, shall apply to the refund of license fees. Privacy Policy The Licensor collects, uses and discloses personal information in accordance with its Privacy Policy. The Licensor may amend this Privacy Policy from time to time, in its sole discretion, without notifying or being liable to you or any other person, by making an amended Privacy Policy accessible through the Service. Each time you use the Service, you consent to the collection, use and disclosure of your personal information by the Licensor in accordance with the Privacy Policy as it then reads. The Licensor may occasionally run contests or provide prize incentives that will require you to provide your personal information. You must read and agree to all the terms, conditions and rules that apply to that contest before entering it. By entering such contests from time to time, you acknowledge that you have read such rules as may apply, and agree to be bound by them. App Stores If you download the App through or from any app store or distribution platform (like the Apple App Store or Google Play) where the App is made available (each, an App Provider ), then you acknowledge and agree that: These Terms are concluded between you and the Licensor, and not with the App Provider, and that SustainMobility (not the App Provider), is solely responsible for the App. The App Provider has no obligation to furnish any maintenance and support services with respect to the App. The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection and/or similar legislation. In the event of any third-party claim that the App or your possession and/or use of that App infringes that third party s intellectual property rights, the Licensor will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. The App Provider and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms

3 as related to your license of the App against you as a third-party beneficiary thereof. You must also comply with all applicable third-party terms of service when using the App Restrictions Except as expressly set out in these Terms of Service or as permitted by applicable law, the Licensee undertakes not to: (a) copy the Service except where such copying is incidental to normal use of the Service; (b) rent, lease, lend, sell, redistribute or sublicense the Service; (c) make alterations to, modifications of or derivative works based on the whole or any part of the Service, nor permit the Service or any part of it to be combined with or become incorporated in any other service or program; (d) disassemble, decompile, reverse engineer the whole or any part of the Service, nor attempt to do any such thing except to the extent that such actions cannot be prohibited under applicable law; (e) provide or otherwise make available the Service, in whole or in part, in any form to any person for commercial purposes; (f) use the Service for any illegal activities, such as infringing or violating the rights of any other party; and (g) exploit the Service in any unauthorized way whatsoever. Intellectual Property Rights The Licensee acknowledges that: (a) all intellectual property rights in the Service belong to the Licensor; (b) rights in the Service are licensed, not sold, to the Licensee; (c) the Licensee has no rights in or to the Service other than the License; and (d) the Licensee has no right to have access to the Service in source code form.

4 Links to Other Sites The Service is a data collection tool used by other services provided by the Licensor. To use the Service a User must already have an account with a preexisting service offered by the Licensor (Such as, the Active Switch Program). The Service may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such sites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources. Disclaimer The Licensee expressly acknowledges and agrees that use of the Service is at the Licensee s sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with the Licensee. To the maximum extent permitted by applicable law, the Services are provided as is and as available, with all faults and without warranty of any kind, and the Licensor hereby disclaims all warranties and conditions with respect to the Services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. The Licensor does not warrant against interference with the Licensee s enjoyment of the Service, that the functions contained in, or services performed or provided by, the Service will meet the requirements of the Licensee, that the operation of the Service will be uninterrupted or error-free, or that defects in the Service will be corrected. No oral or written information or advice given by the Licensor or its authorized representative shall create a warranty. Should the Service prove defective, the Licensee assumes the entire cost of all necessary servicing, repair or correction. Exclusion of Liability The Licensee acknowledges that the Service has not been developed to meet the individual requirements of the Licensee, and that it is therefore the Licensee s responsibility to ensure that the facilities and functions of the Service meet the requirements of the Licensee.

5 The Licensor is not in any way responsible for the use made by the Licensee of the Service. The Licensee understands that certain risks are inherent in all physical activities, and the Licensee assumes sole responsibility for any change in his or her behavior. It may be necessary to consult a physician before increasing one s physical activity. The Licensor shall in no event be liable to you or to any other person or entity for any damages, liabilities, claims, losses, costs, expenses or injuries suffered in connection with or in any way relating to or resulting from your use of, or inability to use, the Service, its content, or any portion thereof, including without limitation, your viewing, using, accessing, copying, downloading or storing any part of the Service. Under no circumstances whatsoever shall the Licensor be liable to you or any other person or entity for any direct, indirect, special, incidental or consequential damages (including loss of business, revenue, profits, use, data or economic advantage), whether arising in contract, tort (including negligence), equity, or otherwise, and regardless of how same may arise or whether the Licensor has been advised of or could have foreseen the possibility of such damages. The Licensor further disclaims any and all liability for any consequences that may arise from any unauthorized reproduction or use of the Service. Any representations, warranties or covenants with respect to any goods or services referred to in the Service shall be subject to, governed by, and as stated in the applicable terms governing the provision of same. Ensuring that your data and/or equipment used in connection with your use of the Service is adequately protected is entirely your responsibility. You agree that you will not make a claim or otherwise seek any equitable relief against the Licensor for such losses as may be suffered by you in this respect, including but not limited to lost data, rerun time, data corruption, communication interception, inaccurate output, work delays or lost business, profits, use or other economic advantage, resulting from any use of or access to the Service. The Licensor is responsible for addressing any claims of the Licensee or any third party relating to the Service or the Licensee s possession and/or use of the Service, including, but not limited to: (a) product liability claims, (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement and (c) claims arising under consumer protection or similar legislation. Conditions precedent The Licensee represents and warrants that he or she: (a) is legally competent;

6 (b) if legally incompetent, has obtained a verifiable consent from his or her legal guardian(s), as required under applicable law, to accept the terms and conditions of these Terms of Service; (c) Services provided on TRAKiT are intended solely for Users who are sixteen (16) years of age or older and it is a violation of the Terms for anyone under 16 to register on the Website. Termination The License is effective until terminated by the Licensee or the Licensor. The Licensee s rights under the License shall terminate automatically without notice from the Licensor if the Licensee fails to comply with any term or condition of these Terms of Service. If any license fees have been paid by the Licensee for use of the Service, termination shall take effect 30 days after the notice of termination was sent to the other party in writing. Otherwise the termination shall take effect immediately. Upon termination of the License, the Licensee shall cease all use of the Service and destroy all copies, full or partial, of the Service in the Licensee s possession. If any license fees have been paid by the Licensee for use of the Service and the License is terminated by the Licensor, the Licensor shall recompense the Licensee pro rata for his or her loss. Applicable Law Your use of this Service and these terms of Service shall be governed and interpreted in accordance with the laws of the Province of Ontario. You acknowledge that you have full legal capacity to use the Service in accordance with the foregoing. By using the Service, you acknowledge and agree to submit and attorn to the exclusive jurisdiction of the courts of the Province of Ontario in this respect. If you use the Service from another jurisdiction, you are responsible for compliance with any and all applicable local laws. The Licensor does not represent that the materials contained within the Service and any of its Content is appropriate or otherwise available for customers outside the Province of Ontario. Change The Licensor may modify the Terms of Service at any time, in our sole discretion. The Licensor shall notify the Licensee of any revisions with reasonable notice, at the Licensor s sole discretion, through the Service, by e- , via an online service or otherwise, or using any combination of the foregoing. It is important to

7 review the Terms of Service whenever we modify them. If you continue to use the Services after we have posted modified Terms on the Service, you are indicating to us that you agree to be bound by the modified Terms. If you do not agree to be bound by the modified Terms, then you are not permitted to access or use the Service. Developer name and address The Licensor is solely responsible for the Service and its content. Any questions, complaints or claims with respect to the Service should be directed to: SustainMobility 4080 Confederation Parkway, Suite 202 Mississauga, ON L5B 0G1