Terms And Conditions
SMART TRUCKER, LLC
Smart Trucker App – End User License Agreement
Last updated Sep 23rd, 2021
This End User License Agreement (this “Agreement”) sets forth the terms and conditions governing your access to, and use of, the Smart Trucker application downloaded or otherwise acquired by you (including all documentation, but explicitly excluding Third-Party Materials, the “Application”). Please read this End User License Agreement carefully because it governs your use of our App and Services.
Agreement to terms
BY DOWNLOADING, INSTALLING AND / OR USING THE APPLICATION, YOU (i) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (ii) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT AND (iii) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE APPLICATION AND DELETE IT FROM YOUR MOBILE DEVICE.
Changes to Terms or Services
Smart Trucker reserves the
right, in its sole discretion, to change, delete or update this Agreement
govern the Application at any time and for any reason without prior
notice. Your continued use of the Application indicates acceptance of any
such changes, deletions or updates.
Subject to the terms and conditions set forth in this Agreement, Smart Trucker grants to you a limited, non-exclusive and nontransferable license to use the Application strictly in accordance with the Application’s documentation. This Agreement will also apply to any changes, deletions or other updates (“Updates”) to the Application made available by Smart Trucker, in its sole discretion (which may be made at any time without prior notice), unless an Update is accompanied by separate terms, in which case such separate terms will govern. You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so.
Prohibited Uses of the Application
You agree to comply with all applicable laws, rules, and regulations in connection with your access and use of the Application. The Application may not be used while operating a vehicle. In some locations actively using an application on a mobile phone is illegal and may result in citations and fines. Smart Trucker will not be liable due to any claim arising from your use of the Application while operating a vehicle.
In addition, you shall not: (i) copy the Application, except as expressly permitted by this Agreement, (ii) modify, translate, adapt or otherwise create derivative works or improvements of the Application, (iii) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Application or (iv) attempt to gain unauthorized access to any other account, computer system or network connected to any Smart Trucker server.
Third Party Products and Services
Mobile Network Charges
Smart Trucker is not responsible for your mobile phone or the mobile network that is provided by your mobile network provider. Your mobile network provider will charge you for the data services you use while accessing and using the Application in accordance with its contract with you. Your mobile network provider may also have an acceptable use policy which will apply to your use of the Application. You should contact your mobile network provider to find out about any applicable charges and any acceptable use policy before using the Application.
No Warranties or Liability
The Application is provided to you on an “AS IS” and “AS AVAILABLE” basis. Smart Trucker does not warrant that the functions contained in the Application will meet your requirements or that the operation of the Application will be uninterrupted or error free. You assume responsibility for operation of the Application, and for the installation, use, and results obtained from the Application.
SMART TRUCKER DOES NOT GIVE ANY WARRANTIES IN RESPECT OF THE APPLICATION, OR THE NETWORK, CONTENT, SOFTWARE OR SERVICES USED IN CONJUNCTION WITH THE APPLICATION. SMART TRUCKER HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE APPLICATION INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, DESIGN OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES REGARDING DATA PRIVACY OR DATA SECURITY OR WARRANTIES CONCERNING THE NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE MAXIMUM EXTENT ALLOWED BY LAW, IN NO EVENT WILL SMART TRUCKER OR ITS LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTIES FOR ANY CLAIMS, DAMAGES, OR COSTS WHATSOEVER, WHETHER SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL (INCLUDING DAMAGES OR COSTS INCURRED AS A RESULT OF LOSS OF TIME, LOSS OF SAVINGS, LOSS OF PROPERTY, LOSS OF DATA, LOSS OF PROFITS OR LOSS OF GOODWILL), WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF THE USE OR INABILITY TO USE THE APPLICATION EVEN IF A SMART TRUCKER REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL THEORY UNDER WHICH THE SAME IS BROUGHT. You assume total responsibility for your use of the Application and any linked sites. Your sole remedy against Smart Trucker for dissatisfaction with the Application is to stop using the Application.
You agree to indemnify, defend, and hold harmless Smart Trucker, its affiliates and subsidiaries and all of the foregoing entities’ officers, directors, employees, agents, licensors and suppliers from and against, and to pay, all claims, liabilities, judgments, awards, costs, losses, expenses, damages and fees, including reasonable attorneys' fees resulting from any violation of this Agreement, or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Application using your internet connection, your computer devices or your account. Furthermore, you agree that Smart Trucker assumes no responsibility for the content you submit or make available through this Application.
The Application and any Updates and the content thereof (including, without limitation, copyrights, trademarks, service marks, trade names, logos and other proprietary materials) are the intellectual property of, and all rights, title and interest therein and to the Application are owned exclusively by, Smart Trucker or its licensors. The structure, organization, methods, and code of the Application are the valuable trade secrets and confidential information of Smart Trucker. The Application is protected by law, including, without limitation, the copyright laws of the United States and other countries, and by international treaty provisions. The Application is licensed, not sold, to you. Except as expressly stated herein, no other rights are granted to you by implication, estoppel, or otherwise, under any patent, copyright, trade secret, trademark, or other intellectual property right. Any other use, including but not limited to, the reproduction, distribution, display or transmission of the content of or downloads from the Application or the unauthorized use of any intellectual property of Smart Trucker or its licensors is strictly prohibited, unless authorized by Smart Trucker in writing prior to such use. You further agree not to change or delete any proprietary notices from materials downloaded from the Application.
Any and all rights not expressly granted herein are reserved by Smart Trucker and its licensors.
Smart Trucker will respect the privacy of your email address and agrees to not distribute your email address to any third parties, but reserves the right to send you periodic advertisements and announcements: (i) by presenting ads in the user interface of the products provided to you by Smart Trucker; (ii) via email to the email address supplied by you; (iii) through the Smart Trucker website when you login; and (iv) other methods available to Smart Trucker.
Registration and Your Information
If you want to use features of the App you’ll have to create an account (“Account”). You can do this via the App or through your account with certain third-party social networking services such as Facebook (each, an “SNS Account”). If you choose the SNS Account option, we’ll create your Account by extracting from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access.
It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
Term and Termination
The license granted hereunder is effective for an indefinite period of time, until Smart Trucker terminates it, or until you provide notice to Smart Trucker of your decision to terminate it. Your rights under this Agreement will terminate automatically without notice to you if you fail to comply with any of the provisions of this Agreement. Smart Trucker reserves the right to suspend, discontinue, enhance, update or otherwise modify the Application, or its availability to you, at any time without notice. Upon termination of the license to the Application, you will cease all use of and uninstall the Application and all rights granted to you under this Agreement will terminate. The provisions of this Agreement relating to No Warranties or Liability, Intellectual Property, Indemnification and General Provisions shall survive any termination along with any other provisions that by their nature are intended to survive.
Governing Law; Remedies
This Agreement, and all matters arising out of or related thereto, shall be in all respects governed by the laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule (whether of the State of Ohio or any other jurisdiction). Any legal suit, action or proceeding arising out of or related to this Agreement or the transactions contemplated hereby shall be instituted in the federal courts of the United States of America or the courts of the State of Ohio, in each case located in the City of Dayton and County of Montgomery, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding. The parties irrevocably and unconditionally waive any objection to the laying of venue of any suit, action or proceeding in such courts and irrevocably waive and agree not to plead or claim in any such court that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. The rights and remedies under this Agreement are cumulative and are in addition to and not in substitution for any other rights and remedies available at law or in equity or otherwise.
If any provision of this Agreement is found void and unenforceable, the remainder of the Agreement will remain valid and enforceable. This is the entire agreement between Smart Trucker and you relating to the Application and this Agreement supersede any prior representations, discussions, undertakings, communications or advertising relating to the Application.
Any cause of action or claim you may have with respect to the Application must be commenced within one (1) year after the claim or cause of action arises. Smart Trucker's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of this Agreement. Smart Trucker may assign its rights and duties under this Agreement to any party.
All notices and other communications hereunder (each a “Notice”) shall be in writing and addressed to the parties at the addresses designated by the receiving party from time to time in accordance herewith. All Notices shall be delivered by nationally recognized overnight courier (with all fees and expenses prepaid) or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided, a Notice is effective only (i) upon receipt by the receiving party and (ii) if the party giving the Notice has complied with the requirements herein.
Smart Trucker offers Services which you can purchase as a monthly, or yearly subscription (“Subscription”). When you purchase a Subscription (each, a “Transaction”), we may ask you to supply additional information relevant to your Transaction, such as your credit card number, the expiration date of your credit card and your address(es) for billing and delivery (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. The amounts due and payable by you for a Transaction through the Services will be presented to you before you place your order. If you choose to initiate a Transaction via the Services, you authorize us to provide your Payment Information to third party service providers (Stripe/PayPal) so we can complete your Transaction and agree (a) to pay the applicable fees and any taxes; (b) that Smart Trucker may charge your credit card or third party payment processing account, including, but not limited to, your account with the app store or distribution platform (like the Apple App Store, Google Play or the Amazon Appstore) where the App is made available (each, an “App Provider”), for verification, pre-authorization and payment purposes; and (c) to bear any additional charges that your App Provider, bank or other financial service provider may levy on you as well as any taxes or fees that may apply to your order. You’ll receive a confirmation email after we confirm the payment for your order. Your order is not binding on Smart Trucker until accepted and confirmed by Smart Trucker. All payments made are non-refundable and non-transferable except as expressly provided in these Terms.
If you have any concerns or objections regarding charges, you agree to raise them with us first and you agree not to cancel or reject any credit card or third party payment processing charges unless you have made a reasonable attempt at resolving the matter directly with Smart Trucker.
Smart Trucker reserves the right to not process or to cancel your order in certain circumstances, for example, if your credit card is declined, if we suspect the request or order is fraudulent, or in other circumstances Smart Trucker deems appropriate in its sole discretion. Smart Trucker also reserves the right, in its sole discretion, to take steps to verify your identity in connection with your order. You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). Smart Trucker will either not charge you or refund the charges for orders that we do not process or cancel.
Subscriptions Automatically Renew Until You Cancel Your Subscription
All amounts are payable and charged: For monthly or yearly subscriptions, at the beginning of the subscription and, because each such subscription renews automatically for an additional period equal in length to the expiring subscription term until you cancel it, at the time of each renewal until you cancel, using the Payment Information you have provided. You must cancel your monthly or yearly Subscription before it renews to avoid the billing of the fees for the next Subscription period. If you purchase your Subscription via the App, you can cancel the renewal of your subscription at any time by contacting us by email at Smarttruckerapp@gmail.com. If you purchase your Subscription via an App Provider, you can cancel the renewal of your subscription with the App Provider. You will not receive a refund for the fees you already paid for your current subscription period and you will continue to receive the Services ordered until the end of your current Subscription period.
Changes to Price Terms for Subscriptions
Smart Trucker reserves the right to change its pricing terms for Subscriptions at any time and Smart Trucker will notify you in advance of such changes becoming effective. Changes to the pricing terms will not apply retroactively and will only apply for Subscription renewals after such changed pricing terms have been communicated to you. If you do not agree with the changes to Smart Trucker’s pricing terms then you may choose not to renew your Subscription in accordance with the section “Subscriptions Automatically Renew Until You Cancel.”
You agree that your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by Smart Trucker regarding future functionality or features.
We welcome feedback, comments and suggestions for improvements to the Services or Products (“Feedback”). You can submit Feedback by emailing us at email@example.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
Links to Third Party Websites or Resources
The Services and App 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 websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at firstname.lastname@example.org. If you purchase Subscription via an App Provider, you should also cancel your Subscription with the App Provider directly. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.