End User License Agreement (EULA)

This agreement is made as part of an online application (the “Application”) for participation in the CarIQ site, applications (the “Apps”) and any services or products (the “Services”) provided by CarIQ Technologies Pvt. Ltd. (“CarIQ”) on or in connection with the CarIQ Site and includes, in addition to the terms set forth below, all rules and policies for participating in the Services provided on the CarIQ Site, the Terms and Conditions, the CarIQ Privacy Policy (collectively, this “Agreement”)

This Agreement is a binding agreement between CarIQ and you with respect to your participation (the “User”) in the Services and your consumption of Services through the CarIQ Site and Apps. If the User is an Entity, the individual person who accepts this Agreement represents and warrants that he or she is entitled to enter this Agreement as an authorized representative of the Entity and to bind the Entity to the terms of this Agreement.

Given the importance of the terms of this Agreement, we encourage you to study them carefully.

General Terms Applicable to all Users

Account Responsibility

The User is responsible for maintaining the confidentiality of the User’s account ID and password and the User accepts responsibility for all activities that occur under the User’s account or password. The User, if an individual, affirms that he or she is competent to understand, enter into, and comply with these Terms and Conditions, and (ii) is not under 16 years of age. Where the User is 16 years of age or older but is not of the age of majority in the User’s jurisdiction of residence (a “Minor”), the User may not use certain Services or access certain portions of the Services, as determined by CarIQ in its sole discretion from time to time, except under the supervision of a parent or guardian who is also a User and who is not a Minor. For example, Users may not purchase or order any materials from the CarIQ Site and will generally only be able to access features granted to them by a parent or guardian.

Changes to these Terms and Conditions

CarIQ reserves the right to make changes to these Terms and Conditions by advising the User of the proposed change using a form of notice that is appropriate for the nature of the proposed change(s), including where appropriate by posting amended Terms and Conditions on the CarIQ Site. The changes are effective on the later of (i) the date specified in a notice delivered by CarIQ to the User advising of such changes (which message may be delivered by email, messaging, or other electronic means), or (ii) 14 days after the amended Terms and Conditions are posted on the CarIQ Site. If the User does not agree to the amended Terms and Conditions, the User may no longer use the CarIQ Site or the Services after the effective date of the amendment.

Privacy Policy

CarIQ collects, uses, and discloses the User’s personal information in accordance with its Privacy Policy, which is outlined below. By providing information to CarIQ, the User consents to the use of such personal information in accordance with the Privacy Policy.

CarIQ is committed to protecting your privacy and earning and keeping your trust. We understand that you value your privacy, and that you may have concerns about how the data is collected, stored and utilized.

Data Collected

Information as provided by the car on the OBD II port, GPS and accelerometer data.

Use of the CarIQ Site

Effective upon CarIQ’s acceptance of a User’s request to become a registered User of the CarIQ Site and provided that the User continues to comply with these Terms and Conditions, CarIQ grants to the User a personal, non-assignable, license to log into and access the CarIQ Site, access content made publicly available on the CarIQ Site (the “Public Content”). Any breach of express license restrictions on any of the Site Content may lead to termination of a User’s account and his/her further access to the CarIQ Site and the Services.

Fees

Subject to any licensing restrictions attached to any part of the Site Content, a User may view the Public Content on the CarIQ Site at no cost. Users will be responsible for paying all fees associated with applicable Services as clearly outlined on the CarIQ Site.

Termination of Access

If the User uses the CarIQ Site in any manner that is prohibited by these Terms and Conditions, CarIQ may without notice terminate or suspend the User’s use of or access to the CarIQ Site or the Services.

Changes to the CarIQ Site and Services

CarIQ reserves the right to change any aspect of the CarIQ Site or the Services including the right to refuse or remove any part of the Site Content, whatever the source, at any time without any notice or liability to the User.

Prohibited Use of the CarIQ Site

The User may not use the CarIQ Site to engage in any unlawful activity or to infringe the rights of CarIQ, its affiliates, or its customers, or any third party. The User will not (and will not allow the User’s employees or agents to) (I) interfere with the operation of the CarIQ Site or the Services in any way, or interfere with anyone’s use or enjoyment of the CarIQ Site or the Services, or use the CarIQ Site or the Services to gain unauthorized access to other computer systems; (ii) send chain letters, junk mail, or spam or use any distribution lists in respect of any person who has not given specific permission to be included in such a process or to distribute or publish advertisements or solicitations of business other than such communications expressly permitted by CarIQ; (iii) broadcast, publish or transmit any unlawful, harassing, libellous, defamatory, abusive, threatening, or harmful material of any kind or broadcast, publish or transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable local, provincial, state, national or international law or regulation; (iv) impersonate any person or entity on or through the CarIQ Site; (v) post any content that infringes or misuses any copyright or other right of any person, or may be considered threatening, abusive, vulgar, obscene, or otherwise objectionable; (vi) reverse assemble, reverse engineer, decompile, or otherwise attempt to derive source code from the software used in the CarIQ Site or any component thereof (except as permitted under applicable local law after having given CarIQ written notice of requiring such information or specifications for the good faith and reasonable purpose of interoperability); (vii) copy, reproduce, modify, sell, lease, scrape content from or aggregate, sublicense, market, or otherwise change or commercially exploit in any way the CarIQ Site or the Site Content or the Services or any component thereof other than as may be expressly permitted by CarIQ or as permitted by applicable laws; or (viii) disclose the User’s password or otherwise grant access to the CarIQ Site to any third party, other than the User’s authorized agent. The User agrees to abide by all additional rules, policies, and restrictions of which the User is provided with notice that apply to any portion of the CarIQ Site or the Services.

Operation and Maintenance of the CarIQ Site

CarIQ operates the CarIQ Site in a commercially reasonable manner and may from time to time interrupt the CarIQ Site’s services for regular and emergency maintenance. Where CarIQ has advance knowledge of any interruption to the Services, CarIQ will make reasonable efforts to provide advance notice to the User of any such interruption.

Monitoring Use of the CarIQ Site and Services

CarIQ may monitor the CarIQ Site but is under no obligation to do so. The User hereby waives any expectation of privacy in such information and activity. The User’s waiver of rights in all such monitoring does not apply to personally identifiable information, which is handled by CarIQ in accordance with the Privacy Policy of the CarIQ Services.

Intellectual Property of CarIQ

The copyright to the CarIQ Site, the design and appearance of the CarIQ Site, and all of the material and the Site Content are owned by or licensed to CarIQ. This material is protected by law against unauthorized copying and reproduction. Any use, reproduction, or distribution of Site Content, including caching, framing, or similar means, from the CarIQ Site (except as permitted herein) without permission of CarIQ is expressly prohibited.

Copyright 2013 and after CarIQ Technologies Pvt. Ltd. All rights reserved.

CarIQ and other CarIQ graphics, logos, publication designs, and service names are trade-marks of CarIQ or its affiliates or associates. All other trade-marks not owned by CarIQ or its affiliates that appear on the CarIQ Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by CarIQ or its affiliates. The display of any trade-marks on the CarIQ Site does not imply that a license has been granted for any further use.

Trademark License for Marketing, Promotion, and Distribution

Each party (as “Licensor”) hereby grants to the other party (as” Licensee”) a nonexclusive, non-royalty bearing, worldwide license to use its trademarks and logos and, in the case of User, the trademarks and logos of any of its affiliates and the licensors of User and its affiliates that are implementing Apps on the CarIQ Site to market, promote, distribute, and deliver Apps as contemplated by this Agreement. The Licensor may terminate or limit the foregoing license if, in the Licensor’s reasonable discretion, the Licensee’s use of the Licensor’s Mark tarnishes, blurs or otherwise dilutes the quality or goodwill associated with the Marks and such use is not cured within ten (10) days of receipt of a written notice thereof. Title to Licensor’s Marks, and all goodwill associated therewith, remains with the Licensor. The Licensee shall use the Licensor’s Marks exactly in the form provided and pursuant to any style guidelines communicated to it. The Licensee shall not take any action inconsistent with the Licensor’s ownership of its Marks, and any benefits accruing from use of such Marks, including all goodwill associated therewith, shall automatically vest in the Licensor. The Licensee shall use the Licensor’s Marks in a manner that creates a separate and distinct impression from any other trademark, trade name or service mark.

Claims of Infringement

CarIQ respects the intellectual property rights of others. If any person believes that his or her work is accessible on or through the CarIQ Site in a way that constitutes copyright infringement, please contact support@mycariq.com to report copyright infringement. Upon provision of a notification in accordance herein, CarIQ, in its discretion, may suspend access to such allegedly infringing content until resolution of the dispute between the rights holder and the alleged infringer.

Dealing with Third Parties

Any correspondence or business dealings with any third parties found on or through the CarIQ Site is solely between the User and such parties. CarIQ is not responsible for any damages the User may suffer by entering into such transactions or communications.

No Warranties and No Liability

The User acknowledges and agrees that the CarIQ Site and the Services are provided on an “as is”, “without any warranties”, and “without any liability” basis. The parties to these Terms and Conditions acknowledge and agree that this limitation on liability is reasonable in the circumstances.

CarIQ does not guarantee the quality, accuracy, completeness, or timeliness of the CarIQ Site or the Services provided in connection therewith, which may contain errors. The User should not assume that the User’s use of the CarIQ Site or the Services will be error free or that the Site will operate without interruption. CarIQ does not warrant that the CarIQ site, its servers, or any communication originating from the CarIQ site OR CarIQ are free of viruses, trojan horses, or other harmful components.

CarIQ disclaims And EXCLUDES To the Maximum Extent Permitted by Applicable Law all warranties, representations, and conditions regarding use of the CarIQ Site or the Services, including all implied warranties or conditions of merchantability, MERCHANTABLE QUALITY, fitness for a particular purpose, or non-infringement, whether express or implied and whether arising from a course of dealing, usage, or trade practice.

CarIQ is not responsible for any indirect, special, incidental, consequential, or punitive damages whatsoever arising out of or in connection with the use Or Misuse of the CarIQ Site or the Services or in reliance on the Apps available on the CarIQ Site, including without limitation any business interruption, loss of use, lost data, lost profits, failure to realize expected savings, or any pecuniary loss, whether in an action of contract, civil liability, negligence, or other tortuous action, even if CARIQ has been informed of the possibility of such damages or such damages are reasonably foreseeable.

Where the limitation or the exclusion of certain types of damages is not allowed, the limitations, exclusions, and disclaimers in these terms and conditions shall not apply only if and to the extent that the laws of a competent jurisdiction requires liabilities beyond and despite the limitations, exclusions, and disclaimers in these terms and conditions.

Limit on Damages and Claims

Notwithstanding any other provisions of these terms and conditions, the User acknowledges and agrees that under no circumstances shall the aggregate of CarIQ’s liability exceed the fees actually paid by the User in respect of the CarIQ site.

Any cause of action that the User may have arising out of or related to the CarIQ site or the services must commence within one (1) year after the cause of action accrues. Otherwise, unless and to the extent such limitation is prohibited by applicable laws, such cause of action is permanently barred.

Indemnity

The User hereby agrees to hold harmless and indemnify CarIQ and its officers, directors, employees, consultants, and agents from any and all third party claims, liability, damages, or costs they incur arising as a result of the User’s misuse of the CarIQ Site & Services, the User’s violation of these Terms and Conditions, or the User’s infringement of any intellectual property or other right of CarIQ or any other person or entity, including such activities that are carried out by any individual using the User’s account ID or password information.

Jurisdiction

Any dispute relating to the CarIQ Site or Services shall be governed by Ministry of Corporate Affairs and shall be adjudicated by the courts of India. Nothing in these Terms and Conditions shall prevent CarIQ from seeking injunctive or other equitable relief, payment of amounts due, or enforcement of an award before any court having jurisdiction over the User or otherwise over such subject matter. CarIQ makes no representation that the CarIQ Site or the Services are appropriate or available for use in all locations, and accessing the CarIQ Site from territories where the CarIQ Site or its content is illegal is prohibited. If the User chooses to access the CarIQ Site from such a location, the User does so, on the User’s own initiative and the User is responsible for compliance with applicable local laws.

Specific Terms Applicable to Certain Users

Type of Users

While all Users are subject to the General Terms above, certain Users are subject to further specific terms. The types of Users are:

“Purchaser” which means a User who places an Order;

“Developer” which means a User who uploads Apps and makes such Apps available to the public

For greater certainty, a Developer may be a Purchaser as well, and a Purchaser who makes Apps publicly available on the CarIQ Site becomes a Developer.

Private Uploaded Apps

Apps which are not made publicly available on the CarIQ Site is referred to as “Private Apps”. Subject to any other agreement between the Developer and CarIQ (i) the Developer represents and warrants that the Developer owns the Private App and all intellectual property rights and other rights therein or has obtained all license rights necessary to enable the relevant activities, (ii) the Developer is responsible for ensuring that the Developer has the right to provide the Private App to CarIQ for hosting and transmission with the CarIQ Site and the Services (to the extent applicable), and (iii) notwithstanding any disclaimers or limitations otherwise applicable in respect of the Private App, the Developer agrees to hold harmless and indemnify CarIQ for any liability arising from the Private App.

Published Apps

Subject to any other agreement between Developer and CarIQ (i) Developer represents and warrants that Developer owns the Published App and all intellectual property rights and other rights therein or has obtained all license rights necessary to enable the relevant activities, (ii) Developer is responsible for ensuring that Developer has the right to provide the Published App to CarIQ for hosting and transmission in connection with the CarIQ Site and the Services, and (iii) notwithstanding any disclaimers or limitations otherwise applicable in respect of the Published App, the Developer agrees to hold harmless and indemnify CarIQ for any liability arising from the Published App.

By uploading or otherwise making available Published Apps, Developer grants to CarIQ the right to make available such Published Apps on the CarIQ Site and allow others to use the Published App as contemplated in these Terms and Conditions and in the applicable service and product descriptions.

In the event of any inconsistency between the provisions of these Terms and Conditions and the applicable license terms, these Terms and Conditions shall prevail to the extent of such inconsistency and such license terms will be deemed to have been modified, in writing, by CarIQ and Developer.

Ownership of Uploaded Apps

Unless otherwise stated for specific Services, the Developer or its licensors will retain ownership of and all related rights in any original content provided by the Developer.

Taxes

Any Order which specifies delivery of shipment outside India may be subject to additional or other taxes or charges, all of which are the responsibility of the Purchaser.

Import Fees

Delivery of an Order may be subject to import taxes, customs duties, and fees levied by the country where the recipient receives shipment of the Order (“Import Fees”), which may include India in the circumstances where CarIQ uses a third-party service provider located outside India to ship the Order to the Purchaser. The Purchaser is responsible for all Import Fees and any additional charges for customs clearance. CarIQ has no control over these charges. Customs policies vary widely from country to country; a Purchaser should contact his/her local customs office for further information.

Risk of Loss

If an item ordered from CarIQ is substantially damaged in transit to the Purchaser, the Purchaser may request a replacement from CarIQ, at CarIQ’s cost, provided that the Purchaser will, as directed by CarIQ, either return the item to CarIQ or destroy the item.