Last updated: February 11, 2017
Welcome to AutoMate - Car Dashboard, which is owned and operated by BitSpice, INC. (“AutoMate”, “we”, “us”, or “our”). Please read these terms and conditions of service (these “Terms”) carefully.
By accessing or using this app, or using this app, or purchasing services, you are entering into a binding agreement with AutoMate and agree to be bound by these terms. If you do not agree to all of the terms and conditions set forth in these Terms, you are not permitted to use this app or the services.
These Terms apply to your access to and use of the AutoMate app and any related apps (collectively, the “App”) and AutoMate’s services, applications and features (collectively, the “Services”). If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to indemnify you and AutoMate for violations of these Terms.
These Terms contain provisions that govern how claims that you and AutoMate have against each other are resolved (see Dispute Resolution section). These Terms also contain provisions requiring you to resolve certain disputes or claims relating to your use of the Services by binding arbitration, rather than in court. If you do not consent to such terms, you are not permitted to use the Services.
Changes to Terms
AutoMate reserves the right to change or modify any of the terms and conditions contained in these Terms (or any policy or guideline of AutoMate) at any time and in its sole discretion by providing notice that these Terms or policies have been modified. Such notice may be provided by via our social media outlets such as the AutoMate Car Dashboard Google+ page, by posting a notice on the App, by posting the revised Terms on the App and revising the date at the top of these Terms or policies or by such other form of notice as determined by AutoMate. Any changes or modification will be effective 30 days after providing notice that these Terms or policies have been modified (the “Notice Period”). Your continued use of the Services following the Notice Period will constitute your acceptance of such changes or modifications. Therefore, you should review these Terms and policies whenever you access the Services and at least every 30 days to make sure that you understand the terms and conditions that will apply to your use of the Services.
Risks Associated with the Software
The App provides an interface that allows you to operate your device through your voice commands and finger movements while driving a vehicle. The App may access applications or other materials on your device provided by you or third parties (collectively, "Third Party Content"), and AutoMate is not responsible in any way for your use of Third Party Content and any resulting damages. For instance, AutoMate is not responsible for any incorrect or dangerous map directions the App may access from other applications on your device. You choose to use the App at your own risk. You must comply with all laws regarding use of devices in motor vehicles. You must drive in accordance with all road conditions, traffic laws, and police instructions. AutoMate is not responsible for any property damage, personal injury, death, or other damages you or others may cause in any way related to your use of the App or motor vehicles. Directions provided by the App may be inaccurate, incomplete, prohibited, or not suitable. Business information may also be inaccurate, incomplete, or outdated. Data is not real-time, and location accuracy and speed cannot be guaranteed. Keep your eyes on the road at all times and obey applicable laws.
Registration Data; Account Security
In consideration of your use of the Services, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Services (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to AutoMate, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to AutoMate.
You are responsible for safeguarding the password that you use to access the Services. When you register for the Services, you should use a strong password, including a combination of upper and lower case letters.
The Services are not intended for users who are under the age of 13. In order to create an account for the Services, you must be 13 years of age or older. If children between the ages of 13 and 18 wish to use the Services, they must be registered by their parent or guardian. By registering, you represent and warrant that you are 13 years of age or older.
Unless otherwise indicated in the Services, the Services and all content and other materials contained therein, including, without limitation, AutoMate logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “AutoMate Materials”) are the proprietary property of AutoMate or its licensors or users and are protected by U.S. and international intellectual property laws.
You are granted a personal, limited, non-sublicensable, non-exclusive, revocable license to access and use AutoMate Materials in accordance with these Terms for the sole purpose of enabling you to use and enjoy the Services.
Except as otherwise expressly permitted in these Terms, you may not: (a) resell or use AutoMate Materials for any commercial purpose; (b) distribute, publicly perform or public display of any AutoMate Materials; (c) modify or otherwise make any derivative uses of AutoMate Materials, or any portion thereof; (d) use any data mining, robots or similar data gathering or extraction methods; (e) download (other than the page caching) any portion of AutoMate Materials or any information contained therein; (f) decompile, disassemble, decode or reverse engineer AutoMate Materials, translate AutoMate Materials or otherwise attempt to learn the source code, structure, algorithms or internal ideas underlying AutoMate Materials or reduce AutoMate Materials by any other means to a human perceivable form; (g) obscure, alter or remove any notice of any copyright, trademark, trade name, service mark, logo or other intellectual property or proprietary right designation appearing on or contained within AutoMate Materials; or (h) use AutoMate Materials other than for their intended purpose. Any use of AutoMate Materials other than as specifically authorized herein, without the prior written permission of AutoMate, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation, copyright and trademark laws and applicable communications regulations and statutes.
You acknowledge that all right, title and interest in and to AutoMate Materials, including all patents, copyrights, trade secrets, trademarks and other proprietary rights embodied therein or associated therewith, are and will remain with AutoMate or its third party licensors.
AutoMate’s name, AutoMate - Car Dashboard., AutoMate logos and any other AutoMate product or service name or slogan included in the Services are trademarks of AutoMate and may not be copied, imitated or used, in whole or in part, without the prior written permission of AutoMate or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “AutoMate - Car Dashboard” or any other name, trademark or product or service name of AutoMate without our prior written permission. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of AutoMate and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any other products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
Remote Disable of App or Features
The App may contain a feature that allows AutoMate to remotely disable the Software, or one or more of its features, for instance to ensure that you do not use the App longer than the term of your license to use the App. Following a remote disable, the Software may cease to function in some or all respects, and you may lose access to data made with or stored using the App. The disabling of the App is a key feature of the license rights and responsibilities conveyed under this Agreement.
In the event you elect, in connection with your use of the Services, to communicate to AutoMate suggestions for improvements to the Services (“Feedback”), AutoMate will be entitled to use (or not to use) the Feedback without restriction, even if you have designated the Feedback as confidential. You acknowledge that AutoMate may have ideas or materials similar to the Feedback already under consideration or development and that you are not entitled to compensation or reimbursement from AutoMate of any kind in connection with the Feedback. If a software bug is provided through the feedback section of the App, device information (such as make, model, operating system, etc) may be collected for debugging purposes.
You agree, at your sole expense, to defend, indemnify and hold us, our service providers and consultants, and their respective directors, employees and agents, harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to: (a) your conduct; (b) your violation of these Terms or the rights of any third-party; or (c) any content you upload, transmit, distribute, store, create or otherwise publish through the Services.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY AUTOMATE, THE SERVICES AND AUTOMATE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. AUTOMATE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, (A) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN; (B) THAT AUTOMATE MATERIALS IN THE SERVICES OR ANY USER CONTENT ARE ACCURATE, COMPLETE, RELIABLE, CURRENT; (C) THAT THE SERVICES WILL OPERATE WILL OPERATE WITHOUT DOWNTIME, INTERRUPTION, DELAY OR ERROR; OR (D) THAT THE SERVICES OR AUTOMATE’S SERVERS ARE SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO WARRANTIES. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
AutoMate reserves the right to change any and all content contained in the Services and to modify, suspend or discontinue the Services offered by AutoMate or any features or functionality of the Services at any time without notice and without obligation or liability to you.
Limitation of Liability
IN NO EVENT WILL AUTOMATE, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICES, THE USER CONTENT OR AUTOMATE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM AUTOMATE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO AUTOMATE’S RECORDS, PROGRAMS OR SERVICES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF AUTOMATE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES OR TO THESE TERMS EXCEED [THE GREATER OF COMPENSATION YOU PAY, IF ANY, TO AUTOMATE FOR ACCESS TO OR USE OF THE SERVICES OR USD $100.00.
AUTOMATE IS NOT LIABLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU MAY HAVE AGAINST SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH AUTOMATE AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. You and AutoMate agree to arbitrate any dispute arising from these Terms or your use of the Services, except that you and AutoMate are NOT required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.
You and AutoMate agree (a) to attempt informal resolution prior to any demand for arbitration; (b) that any arbitration will occur in Toronto, Ontario, Canada; (c) that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and (d) that the state or federal courts in Toronto, Ontario, Canada have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by this Agreement and the laws of Ontario and applicable Canadian law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you and AutoMate will not commence against the other a class action, class arbitration or other representative action or proceeding.
You can choose to reject this Agreement to Arbitrate (“opt-out”) by emailing us an opt-out notice (“Opt-Out Notice”) at [email protected]
within 30 after the date you accept these Terms for the first time. The Opt-Out Notice must state that you do not agree to this Agreement to Arbitrate and must include your name, address, phone number and the e-mail address used to download the App. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt-out of the Agreement to Arbitrate. If you opt-out of the Agreement to Arbitrate, all other parts of these Terms will continue to apply.
Notwithstanding any of these Terms, AutoMate reserves the right, without notice and in its sole discretion, to terminate your license to use the Services and to block or prevent future your access to and use of the Services.
If any provision of these Terms is be deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
Notwithstanding any terms to the contrary in these Terms, AutoMate may choose to electronically deliver all communications with you, which may include: (a) e-mail to your e-mail address indicated in your communications with AutoMate or upon registration for the Services; or (b) posting messages that are displayed to you when you log in to or access the Services. AutoMate’s electronic communications to you may transmit or convey information about action taken on your request, portions of your request that may be incomplete or require additional explanation, any notices with respect to modifications to these Terms, any notices required under applicable law and any other notices. You agree to do business electronically with AutoMate, and to receive electronically all current and future notices, disclosures, communications and information, and that the aforementioned provided electronically satisfies any legal requirement that such communications be in writing. An electronic notice will be deemed to have been received the day of receipt as evidenced by such e-mail.
If you have any questions, concerns, complaints or comments in any way related to your use of the Services, please contact us by email as follows: