Terms of Service

Terms of Service for US users

Mobile Data Labs, Inc.
TERMS OF SERVICE US
Last Revised: February 10, 2017

THESE TERMS OF SERVICE TOGETHER WITH THE MICROSOFT BING MAPS AND MAPPOINT WEB SERVICE TERMS OF USE FOUND HERE ARE (THE “TERMS”) APPLY TO YOUR USE OF THE MILEIQ MOBILE APPLICATION, THE WEBSITE LOCATED AT WWW.MILEIQ.COM AND THE SERVICES RELATED TO THE FOREGOING (COLLECTIVELY, “MILEIQ”) PROVIDED BY MOBILE DATA LABS, INC. (“MOBILE DATA LABS,” “WE” OR “US”).

PLEASE READ ALL OF THE TERMS AND CONDITIONS OF THE TERMS CAREFULLY.

BY USING MILEIQ, YOU ACKNOWLEDGE AND AGREE THAT: (I) YOU HAVE READ ALL OF THE TERMS AND CONDITIONS OF THE TERMS; (II) YOU UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF THE TERMS; AND (III) YOU AGREE TO BE LEGALLY BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH IN THE TERMS.

IF YOU DO NOT AGREE WITH ANY OF THE TERMS OR CONDITIONS OF THE TERMS, YOU MAY NOT ACCESS OR USE MILEIQ.

MileIQ Service and Features. MileIQ is a mobile service application that passively tracks miles driven so as to make it easier to classify reimbursable and deductible business miles. MileIQ asks you to opt-in to certain features, like daily notifications and monthly mileage summaries. If you decide you no longer want to access an opt-in feature, you may opt-out by contacting Mobile Data Labs at support@mileiq.com or via the settings menu in MileIQ.

Privacy. You agree that Mobile Data Labs may collect and use technical data and information in connection with your use of MileIQ (including, but not limited to, contact information and technical information about your device, system and MileIQ software, and peripherals) that are gathered periodically to facilitate the features and functionality of MileIQ and software updates, product support and other services. Please see our Privacy Policy (www.MileIQ.com/privacy) for more information about how Mobile Data Labs collects, uses, stores and discloses information collected through MileIQ. You also hereby consent to Mobile Data Labs communicating with you about MileIQ or in connection with the features, functions and activities contained in MileIQ.

License. Subject to the terms, conditions and limitations set forth in the Terms, Mobile Data Labs grants you a nonexclusive, non-transferable and revocable license to use MileIQ on any mobile device that you own or control. The terms of the license will also govern any upgrades provided by Mobile Data Labs that replace and/or supplement the original MileIQ, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.

Restrictions. You agree not to do, or authorize or permit any third-party to do, any of the following: (i) distribute or make MileIQ available over a network where it could be used by multiple devices at the same time; (ii) rent, lease, lend, sell, redistribute or sublicense MileIQ; (iii) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of MileIQ, or any updates or any part thereof (except as and only to the extent any of these restrictions are prohibited by applicable law); or (iv) remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in MileIQ. If you violate any of the restrictions set forth in the Terms, your use of MileIQ will immediately cease, and you will have infringed the copyright and other rights of Mobile Data Labs, which may subject you to prosecution and damages. Mobile Data Labs reserves all rights not expressly granted to you in the Terms.

Subscription Terms. Use of MileIQ is free for the first 40 drives per month. Additional use is on a subscription basis. Subscriptions for unlimited drives using MileIQ are available for $5.99 per month for monthly subscriptions or $59.99 per year for annual subscriptions, or as otherwise agreed to in writing by Mobile Data Labs. MileIQ subscriptions renew automatically for successive monthly or annual subscription periods (as applicable) until cancelled. If you initiated your MileIQ subscription through Apple, see https://support.apple.com/en-us/HT202039 (or its successor website) for information about managing your auto-renewing subscription. If you initiated your MileIQ subscription through Google Play, see https://support.google.com/googleplay/answer/2476088?vid=1-635770230184706449-3000457038 (or its successor website) for information about managing your auto-renewing subscription. If you initiated your MileIQ subscription via an order from Mobile Data Labs, contact MileIQ at support@mileiq.com with your formal request for cancellation. Cancellations received with at least 10 days prior notice are effective at the end of the then-current subscription period; cancellations received fewer than 10 days before the end the then-current subscription period are effective at the end of the next subscription period. Mobile Data Labs may cancel your subscription with or without cause at any time. If Mobile Data Labs cancels your subscription without cause before the end of your subscription period, you may be entitled to a refund (prorated for the time remaining on your subscription period). Otherwise, subscriptions are non-refundable except as expressly set forth in writing by MileIQ. Termination of your MileIQ subscription will automatically terminate these Terms. By using MileIQ, you agree to be bound by and accept the subscription terms set forth in this section and any other terms set forth in an order with Mobile Data Labs.

Service Codes. Service codes may allow you to receive a discount off MileIQ or other benefits, depending on the type of service code. Service codes must be redeemed at the time you order a subscription to MileIQ and cannot be combined with any other discounts, promotions or offers without Mobile Data Labs’ express consent. Redemption of service codes is subject to Mobile Data Labs’ approval and valid registration with MileIQ. Service codes are not transferable except with Mobile Data Labs’ express consent. You are solely responsible for the payment of any taxes that you incur as a result of using any service code. Additional services code terms may apply.

Registration Data & Account Information. You agree to: (i) provide accurate, current and complete information about you as may be prompted by the MileIQ registration process (“Registration Data”); (ii) maintain the security of your password and identification; (iii) maintain and promptly update the Registration Data, and any other information you provide to Mobile Data Labs, in order to keep it accurate, current and complete; and (iv) accept all risk of unauthorized access to the Registration Data and any other information you provide to Mobile Data Labs. You represent and warrant that all Registration Data is accurate, current and complete. You may update your information via MileIQ or via the MileIQ website located at https://dashboard.MileIQ.com (the “Site”).

MileIQ is intended solely for users who are 13 years of age or older. In addition, if you are under 18 years old, you may use MileIQ only with the approval of your parent or guardian.

Third-Party Sites and Services; Third-Party Materials. MileIQ may provide links to third-party websites, applications, mobile services or other third-party services (“Third-Party Services”) and may also display, link to or otherwise make available third-party content, data, information, events, applications or materials (“Third-Party Materials”). Mobile Data Labs does not endorse or control, and makes no representations or warranties of any kind regarding, any Third-Party Services or Third-Party Materials, including, but not limited to, the content, accuracy, quality, nature, appropriateness, decency, functionality, performance, reliability, completeness, timeliness, validity, safety, legality or any other aspect thereof. If you access or use any third-party website or application, you should be aware that Mobile Data Labs’ terms and policies, including the Terms, no longer govern. You should review the applicable terms and policies, including, but not limited to, privacy and data gathering practices, of any third-party website or application to which you navigate from MileIQ.

Third-Party Interactions. Your use of MileIQ and your contact, interaction or dealings with any third-parties arising out of your use of MileIQ is solely at your own risk. You acknowledge and agree that Mobile Data Labs is not responsible or liable in any manner for any loss, damage or harm of any sort incurred as a result of your use of MileIQ.

User Content and Conduct. You are solely responsible for all content you upload to or use with MileIQ, as well as your conduct and the conduct of anyone using your account. The content you upload to or use with MileIQ must comply with the user content and conduct rules below. Enforcement of the user content and conduct rules set forth in the Terms is solely at Mobile Data Labs’ discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third-party or any reasonable expectation that MileIQ will not contain any content that is prohibited by such rules.

You agree not to upload to, transmit, distribute, store, create or otherwise publish through MileIQ any of the following:

  • User content that is illegal or unlawful, that would constitute, encourage or provide instructions for a criminal offense, or otherwise create liability or violate any local, state, national or international law;

  • User content that may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual or other right of any party; or

  • Viruses, corrupted data or other harmful, disruptive or destructive files or code, script or other software designed to automate any functionality on MileIQ.

You further agree that you are solely responsible for your conduct with respect to MileIQ, and you agree that you will not do any of the following in connection with MileIQ:

  • Use MileIQ for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates the Terms or any other rules or polices established from time-to-time by Mobile Data Labs;

  • Modify, adapt or hack MileIQ;

  • Circumvent or attempt to circumvent any filtering, security measures or other features designed to protect MileIQ; and

  • Infringe upon or violate the rights of Mobile Data Labs.

Mobile Data Labs takes no responsibility and assumes no liability for any user conduct or for any user content posted or uploaded on (or otherwise made available via) MileIQ, nor is Mobile Data Labs liable for any mistakes, defamation, slander, libel, omissions, or other material you may encounter while using MileIQ. Your use of MileIQ is at your own risk.

Although Mobile Data Labs does not control and has no obligation to screen, edit or monitor any of the user content posted or uploaded on (or otherwise made available via) MileIQ, Mobile Data Labs reserves the right, and has absolute discretion, to remove, screen or edit any user content posted or uploaded on MileIQ at any time and for any reason without notice. Any use of MileIQ in violation of the foregoing violates the Terms and may result in, among other things, termination or suspension of your rights to use MileIQ.

Except for any feedback you provide with respect to MileIQ or any of Mobile Data Labs’ products and services or as specifically provided otherwise in the Terms or in a separate agreement between you and Mobile Data Labs, you retain ownership of the user content you post or upload on (or otherwise make available via) MileIQ. However, if you post or upload user content on (or otherwise make available via) MileIQ, you grant Mobile Data Labs and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, and distribute such user content solely to enable Mobile Data Labs to operate MileIQ. You represent and warrant that: (i) you own and control all of the rights to the user content that you post or upload on (or otherwise make available via) MileIQ or you otherwise have the right to make available such user content via MileIQ and grant the rights granted in the Terms; and (ii) Mobile Data Labs’ use and making available the user content you supply does not violate the Terms and will not violate any rights of or cause injury to any person or entity.

Location Information. MileIQ collects location information and it will be used and disclosed as set forth in the Privacy Policy.

You acknowledge and agree that by accepting the Terms or using MileIQ you affirmatively consent to Mobile Data Labs' collection, use, disclosure and storage of your location information.

You may revoke your consent with respect to Mobile Data Labs' collection, use, disclosure and storage of your location information at any time by contacting support@mileiq.com and deleting the app from your mobile device. Please know that if you revoke your consent by doing one of the foregoing or you delete or deactivate your account, we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period.

If you consent to our collection of location information and you do not subsequently stop the collection of this location information, Mobile Data Labs will continue to collect this location information.

If you consent to our collection of location information, subsequently stop the collection of this location information and later consent to the collection of this location information, MileIQ will resume the collection of location information.

Mobile Data Labs takes reasonable measures to protect your location information from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction.

MileIQ is for your use and to collect your location information. You may not use MileIQ to collect another individual's location information. If you violate any of this restriction or any other restriction, you will have breached the Terms, which may subject you to prosecution and damages.

Ownership and Suppliers. MileIQ contains the valuable proprietary content of Mobile Data Labs, Bing data suppliers, and its licensors and is protected by copyright and other intellectual property laws and treaties. You agree not to use MileIQ except in its intended manner in accordance with the terms and conditions of the Terms. For more information about Bing data suppliers, click here.

Modification of Terms. Mobile Data Labs reserves the right to change any of the terms and conditions contained in the Terms, or any policy or guideline of Mobile Data Labs, at any time and in its sole discretion by posting the revisions via MileIQ. Additionally, notice may be provided by sending an email, by posting the revised Terms on the Site or by such other form of notice as determined by Mobile Data Labs. Changes will only become effective at the end of the 30 day period commencing upon the posting of the changes via MileIQ (“Notice Period”). If you disagree with any changes, you may terminate your use of MileIQ within the Notice Period and, if termination is effective prior to the end of your current subscription period, you may be entitled to a prorated refund. Please contact support@mileiq.com for refund information. You should review the Terms on a regular basis and read the notices Mobile Data Labs sends to you. Use of MileIQ after the Notice Period will constitute your acceptance of the changes/modifications.

Termination. The Terms are effective on the date that you first access or use MileIQ, or as otherwise set forth in an order with Mobile Data Labs, and continue for the length of your subscription period. You may terminate these Terms (a) if Mobile Data Labs does not cure any breaches its obligations under these Terms within 30 days of your written notice of such breach; (b) by canceling your MileIQ subscription as set forth above; or (c) as otherwise consented to in writing by Mobile Data Labs. Mobile Data Labs may terminate these Terms if you breach any of the terms and conditions of these Terms. In the event of any termination of the Terms: (i) all licenses granted under the Terms will immediately terminate; and (ii) you must immediately cease all use of MileIQ and destroy or erase all copies of MileIQ in your possession or control. All of the sections of the Terms will survive any termination except the “License” section. Any use of MileIQ after termination is unlicensed and is in violation of the copyright and other rights of Mobile Data Labs.

Disclaimers. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF MILEIQ IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, SAFETY, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MILEIQ IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MOBILE DATA LABS DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE TERMS, MILEIQ, ALL RELATED PRODUCTS AND SERVICES, USER CONTENT, THIRD-PARTY SERVICES OR THIRD-PARTY MATERIALS, WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL: (I) WARRANTIES OF MERCHANTABILITY; (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT MOBILE DATA LABS KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) WARRANTIES OF NON-INFRINGEMENT OR CONDITION OF TITLE. MOBILE DATA LABS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN MILEIQ WILL BE ACCURATE OR MEET YOUR REQUIREMENTS, THAT THE OPERATION OF MILEIQ WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN MILEIQ WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY MOBILE DATA LABS OR ITS AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY.

Indemnification. You agree, at your sole expense, to defend, indemnify and hold Mobile Data Labs, 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: (i) your conduct; (ii) your violation of the Terms or the rights of any third-party; or (iii) any user content.

Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL MOBILE DATA LABS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO MILEIQ, RELATED PRODUCTS AND SERVICES, USER CONTENT, THIRD-PARTY SERVICES OR THIRD-PARTY MATERIALS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF MOBILE DATA LABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL MOBILE DATA LABS’ TOTAL LIABILITY, 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 SERVICE EXCEED THE FEE FOR THE SERVICE (AS OPPOSED TO ANY OTHER FEES/COSTS INCLUDING, BUT NOT LIMITED TO, ANY FEES ASSOCIATED WITH YOUR DEVICE).

Copyright Complaints. Mobile Data Labs takes intellectual property rights seriously. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Mobile Data Labs has adopted a policy of terminating, in appropriate circumstances and at Mobile Data Labs’ sole discretion, subscribers or account holders who are deemed to be repeat infringers. If you believe in good faith that any content on MileIQ infringes your copyright, you (or your agent) may send us a notice requesting that the content be removed, or access to it blocked. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA (see www.loc.gov/copyright for details). Notices and counter notices should be sent to our designated agent at:

Email: ops@mobiledatalabs.com

Mail:
Litigation Group
Microsoft Corporation
One Redmond Way
Redmond WA 98052

Electronic Communications. Notwithstanding any terms to the contrary in the Terms, Mobile Data Labs may choose to electronically deliver all communications with you, which may include: (i) email to your email address listed in your Registration Data; or (ii) posting messages that are displayed to you when you log into or access your account. Mobile Data Labs’ electronic communications to you may transmit or convey information about action taken as a result of your request, portions of your requests that may be incomplete or require additional explanation, any notices required under applicable Law and any other notices. You agree to do business electronically with Mobile Data Labs, 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 email.

Governing Law; Arbitration. PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH MOBILE DATA LABS AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM MOBILE DATA LABS.

You and Mobile Data Labs agree to arbitrate any dispute arising from the Terms or relating to MileIQ, except that you and Mobile Data Labs are not required to arbitrate any dispute in which either party seeks equitable or 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 Mobile Data Labs agree that you will notify each other of any dispute within 30 days of when it arises, that you will attempt informal resolution prior to any demand for arbitration, that any arbitration will occur in San Francisco, California and that arbitration will be conducted confidentially by a single arbitrator in accordance with the Rules of the American Arbitration Association. You and Mobile Data Labs also agree that the state or federal courts in San Francisco County, California 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. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND MOBILE DATA LABS WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING.

Notwithstanding any terms to the contrary in the Terms, the following additional terms will apply to the download of MileIQ for use on the iPhone, iPod Touch or iPad:

Acknowledgement. You and Mobile Data Labs acknowledge that the terms are solely between you and Mobile Data Labs, and not with Apple, Inc. (“Apple”), and Mobile Data Labs, not Apple, is solely responsible for MileIQ and the content contained within MileIQ. You further acknowledge that the usage rules for MileIQ are subject to any additional restrictions set forth in the Usage Rules for the Apple App Store Terms of Service as of the date you download MileIQ. In the event of any conflict between the terms and conditions of the Usage Rules for the Apple App Store Terms of Service and the terms and conditions of the Terms, the terms and conditions of the Usage Rules for the Apple App Store Terms of Service will govern if they are more restrictive.

Scope of License. The license granted to you is limited to a non-transferable license to use MileIQ on any iPhone, iPod touch or iPad that you own or control as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.

Maintenance and Support. Mobile Data Labs is solely responsible for providing maintenance and support services with respect to MileIQ. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to MileIQ.

Warranty. You acknowledge and agree that Apple is not responsible for any product warranties, whether express or implied by law, with respect to MileIQ. In the event of any failure of MileIQ to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for MileIQ by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to MileIQ. You also acknowledge and agree that to the extent that there are any applicable warranties, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty, such will be the sole responsibility of Mobile Data Labs. However, you understand and agree that in accordance with the Terms, Mobile Data Labs has disclaimed all warranties of any kind with respect to MileIQ, and therefore, there are no warranties applicable to MileIQ, except those implied by law.

Product Claims. You and Mobile Data Labs acknowledge and agree that as between Apple and Mobile Data Labs, Mobile Data Labs, not Apple, is responsible for addressing any of your claims or any third-party claims relating to MileIQ or your possession and/or use of MileIQ, including, but not limited to: (i) product liability claims; (ii) any claim that MileIQ fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

Intellectual Property Rights. You and Mobile Data Labs acknowledge and agree that, in the event of any third-party claim that MileIQ or your possession and use of MileIQ infringes that third-party’s intellectual property rights, Mobile Data Labs, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under the Terms.

Legal Compliance. You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Developer Name and Address. Any end-user questions, complaints or claims with respect to MileIQ should be directed to:

Mobile Data Labs, Inc.
1355 Market Street Suite 300
San Francisco, CA 94107
Email: support@mileiq.com

Third-Party Beneficiary. The parties acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce any of the terms and conditions of the Terms against you as a third-party beneficiary thereof.

MileIQ Referral Program Terms and Conditions

These Referral Program Terms and Conditions (these "Referral Terms") set forth the terms and conditions pursuant to which you may participate in our referral program (described below). These Referral Terms are in addition to the Terms of Service available at https://www.mileiq.com/terms, and are hereby incorporated by reference into our Terms of Service. Capitalized terms not defined herein are defined in our Terms of Service.

Referral Program Description. From time to time, MileIQ may offer a referral program (“Referral Program”) to its users (“Referring Users”) permitting such Referring User to earn a Tango Card gift card in a specified denomination (“Gift Card”) by inviting or referring another person who is not a then-current or past user of MileIQ (a “Referred User”), to sign up for an annual subscription to MileIQ using the Referring User’s Referral Link (defined herein). Referred Users are eligible for a one-time 20% discount on their first annual subscription fee when they use a Referring User’s Referral Link to sign up for an account, as further described in these Referral Terms.

Acceptance of these Referral Terms; Revised Referral Terms. By participating in the Referral Program in any way, you agree to be bound by these Referral Terms. If you do not agree to all of the terms and conditions of these Referral Terms, you may not participate in the Referral Program. We reserve the right to change any of the terms and conditions contained in these Referral Terms at any time and in our sole discretion by posting the revised Referral Terms via the MileIQ services in accordance with our Terms of Service. If you do not agree to these Referral Terms or any revised version of these Referral Terms, your sole recourse is to terminate your participation in the Referral Program. Except as otherwise expressly stated by us, your participation in the Referral Program is subject to, and constitutes your acceptance of, the version of these Referral Terms in effect at the time of your participation in the Referral Program. While Referral Links (defined below) do not expire, any changes to these Referral Terms will apply to use of a Referral Link by a Referred User even if the Referral Link was sent prior to the revised Referral Terms effectiveness.

Earning a Gift Card. When you register for a MileIQ account, or from time to time thereafter, we may provide you with a hyperlink, text link, badge, button, or other code via email, text message or other format containing a URL link unique to your MileIQ account (a "Referral Link"), which you may share with your contacts, either by email or text message as prompted by the Mile IQ services, or by other means outside of the MileIQ services. Subject to these Referral Terms, within 30 days of a Referred User completing a Qualifying Sign Up (defined herein), we will send you an email containing a claim code for a Gift Card along with instructions on how to redeem your Gift Card. It is your responsibility to provide MileIQ with a current email address through the MileIQ Services in order to ensure timely receipt of any claim code. A "Qualifying Sign Up" means the first time a Referred User signs up for the MileIQ services and subscribes to an annual subscription and uses the Stripe™ payment processing option through the Services. Notwithstanding the foregoing, Referring Users will not be eligible to receive a Gift Card if we determine in our sole discretion that (i) the Referred User has previously signed up for an annual subscription account; (ii) if the Referred User cancels its annual subscription within 30 days of the Qualifying Sign Up; or (iii) if a Referring User has terminated its account within 30 days of the Qualifying Sign Up. Referring Users are not eligible to receive more than a total of 100 Gift Cards.

Referred User Discount. Subject to these Referral Terms, a Referred User will receive a 20% discount (the “Discount”) toward an annual subscription to MileIQ. Referred Users will be required to register and to accept our Terms of Service in order to use the MileIQ services and to take advantage of the Discount. The Discount shall only apply toward a Referred User’s first annual subscription fee, and without limiting the foregoing, will not apply to (I) subsequent renewal subscription fees; (ii) any subscription plan other than the annual plan, including the monthly subscription plan, or (iii) any other fees or charges which may apply to a Referred User’s use of the MileIQ services.

Restrictions and Limitations We reserve the right to investigate any suspicious or inappropriate activity relating to the Referral Program. You may not engage in any fraudulent or deceitful behavior in connection with the Referral Program, including, without limitation, if you, directly or indirectly, offer any person a financial or other incentive to complete use your Referral Link or attempt to redirect traffic from, or divert Referral Rewards from, any other participant in the Referral Program. You may not use “bots,” “spambots,” “scrapers,” or any program or means designed to automatically send your Referral Link to third parties, or attempt to use your own Referral Link by registering for an additional account with MileIQ. Referring Users and Referred Users will not be eligible to receive a Gift Card and a Discount, respectively, if such user violates these Referral Terms or the Terms of Service. We reserve the right, in our sole discretion, to delay the delivery of a Gift Card or the honoring of a Discount while we investigate your participation in the Referral Program or any use of a Referral Link.

Gift Cards: Gift Card amounts are in U.S. Dollars. Additional terms apply to your use of the Gift Card, which terms can be accessed here: https://www.tangocard.com/terms-of-service/

Non-Exclusive. The Referral Program is non-exclusive. You acknowledge and agree that we may, at any time, solicit customer referrals via any method in our sole discretion.

Termination or Suspension of Referral Program. You may stop participating in the Referral Program at any time. We may, in our sole discretion, suspend, limit, or terminate the Referral Program and terminate these Referral Terms and Conditions for any reason at any time, with or without providing notice to you. Termination of the Referral Program and these Referral Terms will not automatically result in the termination of our Terms of Service or your MileIQ account, unless otherwise specified by us. However, termination of our Terms of Service or your MileIQ account will result in the automatic termination of your participation in the Referral Program and termination of these Referral Terms. Upon termination of these Referral Terms, you must immediately cease all use of Referral Links, and any Gift Cards earned but unpaid as of the date of termination will remain payable, unless we terminate these Referral Terms for your breach of these Referral Terms or our Terms of Service. Provisions of these Referral Terms that, by their nature, should survive termination of these Referral Terms will survive termination of these Referral Terms.

Privacy. When a Referring User shares their Referral link with a third party through the MileIQ services, we may collect certain information about such third party as provided by the Referring User. Please see our Privacy Policy at https://www.mileiq.com/privacy.html for information about how we collect, use, and disclose such information.

Contact Us.

If you have any questions, comments, or concerns regarding these Referral Terms or the Referral Program, please contact us at referafriend@mileiq.com


Terms of Service for UK users

Mobile Data Labs, Inc.
TERMS OF SERVICE UK
Last Revised: September 30, 2016

THESE TERMS OF SERVICE TOGETHER WITH THE MICROSOFT BING MAPS AND MAPPOINT WEB SERVICE TERMS OF USE FOUND HERE (https://www.microsoft.com/maps/relaunch-assets/docs/terms.aspx ) ARE (THE “TERMS”) THAT APPLY TO YOUR USE OF THE MILEIQ MOBILE APPLICATION, THE WEBSITE LOCATED AT WWW.MILEIQ.COM AND THE SERVICES RELATED TO THE FOREGOING (COLLECTIVELY, “MILEIQ”) PROVIDED BY MOBILE DATA LABS, INC. (“MOBILE DATA LABS,” “WE” OR “US”). PLEASE READ ALL OF THE TERMS AND CONDITIONS OF THE TERMS CAREFULLY. BY USING MILEIQ, YOU ACKNOWLEDGE AND AGREE THAT: (I) YOU HAVE READ ALL OF THE TERMS AND CONDITIONS OF THE TERMS; (II) YOU UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF THE TERMS; AND (III) YOU AGREE TO BE LEGALLY BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH IN THE TERMS. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OR CONDITIONS OF THE TERMS, YOU MAY NOT ACCESS OR USE MILEIQ. Please read, print and save a copy of these Terms for your records because Mobile Data Labs won’t save a copy for you.

MileIQ Service and Features. MileIQ is a mobile service application that passively tracks miles driven so as to make it easier to classify reimbursable and deductible business miles. MileIQ asks you to opt-in to certain features, like daily notifications and monthly mileage summaries. If you decide you no longer want to access an opt-in feature, you may opt-out by contacting Mobile Data Labs at support@mileiq.com or via the settings menu in MileIQ.

Privacy. You agree that Mobile Data Labs may collect and use technical data and information in connection with your use of MileIQ (including, but not limited to, contact information and technical information about your device, system and MileIQ software, and peripherals) that are gathered periodically to facilitate the features and functionality of MileIQ and software updates, product support and other services. Please see our Privacy Policy (www.MileIQ.com/privacy) for more information about how Mobile Data Labs collects, uses, stores and discloses information collected through MileIQ. You also hereby consent to Mobile Data Labs communicating with you about MileIQ or in connection with the features, functions and activities contained in MileIQ.

License. Subject to the terms, conditions and limitations set forth in the Terms, Mobile Data Labs grants you a nonexclusive, non-transferable and revocable license to use MileIQ on any mobile device that you own or control. The terms of the license will also govern any upgrades provided by Mobile Data Labs that replace and/or supplement the original MileIQ, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.

Restrictions. You agree not to do, or authorize or permit any third-party to do, any of the following: (i) distribute or make MileIQ available over a network where it could be used by multiple devices at the same time; (ii) rent, lease, lend, sell, redistribute or sublicense MileIQ; (iii) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of MileIQ, or any updates or any part thereof (except as and only to the extent any of these restrictions are prohibited by applicable law); or (iv) remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in MileIQ. If you violate any of the restrictions set forth in the Terms, your use of MileIQ will immediately cease, and you will have infringed the copyright and other rights of Mobile Data Labs, which may subject you to prosecution and damages. Mobile Data Labs reserves all rights not expressly granted to you in the Terms.

Subscription Terms. Use of MileIQ is free for the first 40 drives per month. Additional use is on a subscription basis. Subscriptions for unlimited drives using MileIQ are available for £4.49 (Includes VAT) per month for monthly subscriptions or £44.99 (Includes VAT) per year for annual subscriptions, or as otherwise agreed to in writing by Mobile Data Labs ("Paid Subscriptions"). The price stated for the use of MileIQ includes all applicable taxes, unless stated otherwise. You are solely responsible for paying such taxes or other charges Paid Subscriptions may be purchased through the Microsoft App Store, Apple, Google Play, or from Mobile Data Labs. Where you purchase your Paid Subscription through the Microsoft App Store, through Apple or through Google Play, you acknowledge that you are purchasing from a third party and not from Mobile Data Labs and subject to the terms and conditions of sale of Microsoft, Apple or Google (as applicable).

Payment Terms When Purchasing Mile IQ from Us. When you purchase a Paid Subscription, you acknowledge and agree that you are authorizing recurring payment, and payments shall be made to Mobile Data Labs by the method you have chosen at the recurring intervals you have agreed to, until the Paid Subscription for MileIQ is terminated by you or by Mobile Data Labs. Fees for Paid Subscriptions are generally billed or charged in advance of the applicable subscription period. When purchasing a Paid Subscription from Mobile Data Labs with a credit or debit card, you confirm that the credit or debit card that is being used is yours. All credit and debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment Mobile Data Labs will not accept the transaction and will not be responsible for any failure to deliver the requested Paid Subscription. Mobile Data Labs is not responsible for your card issuer or bank charging you as a result of our processing of your credit or debit card payment in accordance with your requested order for your Paid Subscription. If you dispute any payments taken by Mobile Data Labs from your payment card, we recommend you first contact us to discuss the relevant transaction. If Mobile Data Labs receives a chargeback in respect of any payment made for a Paid Subscription properly requested or used by you, Mobile Data Labs will not be responsible for any failure to deliver, or to continue delivering, the Paid Subscription to you.

Refund Policy – Only Applicable if you are resident in an EU Member State. Where you are resident in an EU Member State, the provisions of this section entitled Refund Policy are applicable to you. When you purchase a Paid Subscription from Mobile Data Labs, you acknowledge that you expressly consent to the commencement of such Paid Subscription immediately, and within the 14 day cooling-off period provided by law. You have the right to cancel your Paid Subscription within 14 days without giving any reason. This cancellation period will expire after 14 days from the day Mobile Data Labs sends you an email confirming the purchase of your Paid Subscription. If you are resident in an EU Member State and cancel your Paid Subscription within this 14 day cooling-off period, you will be liable to pay Mobile Data Labs for your use of your Paid Subscription up to the time you informed us of your decision to cancel your Paid Subscription. This amount will be calculated as a proportion of the total price payable for your Paid Subscription. You may inform Mobile Data Labs of your decision to cancel this contract by a clear statement sent to Support@MileIQ.com with the subject line marked as ‘cancel subscription’ or alternatively you may use the model cancellation form provided [HERE] and attached to the email confirming your purchase, but you are not obliged to use this form. Where you are purchasing a Paid Subscription from Mobile Data Labs, payment will be debited from your account or your credit or debit card account (as applicable) upon or shortly after you have confirmed your order by clicking on the “BUY” button, or in the case of a recurring payment on the date on which your Paid Subscription is renewed. Shortly after confirming your order, you will receive a confirmation email, which attaches these terms and conditions and details of the relevant transaction, which indicates formation of a valid contract between you and us, and that by consenting to such supply. This confirmation email indicates our acceptance of your offer to purchase your Paid Subscription (as applicable).

Renewals and Cancellations. MileIQ subscriptions renew automatically for successive monthly or annual subscription periods (as applicable) until cancelled. Mobile Data Labs will inform you by email within a reasonable time before automatically renewing your Paid Subscription. Once Mobile Data Labs has informed you that your Paid Subscription will be automatically renewed, we may automatically renew your Paid Subscription and charge you the then current price for the renewal term. Mobile Data Labs will also remind you that we will bill your chosen payment method for the renewal of your Paid Subscription, whether it was on file on the renewal date or provided later. If you initiated your MileIQ subscription through the Microsoft App Store, please visit Support for assistance with cancelling or managing your auto-renewing subscription. If you initiated your MileIQ subscription through Apple, see https://support.apple.com/en-us/HT202039 (or its successor website) for information about cancelling and otherwise managing your auto-renewing subscription. If you initiated your MileIQ subscription through Google Play, see https://support.google.com/googleplay/answer/2476088?vid=1-635770230184706449-3000457038 (or its successor website) for information about cancelling and otherwise managing your auto-renewing subscription. If you initiated your MileIQ subscription via an order from Mobile Data Labs, contact MileIQ at support@mileiq.com with your formal request for cancellation. Cancellations received with at least 10 days prior notice are effective at the end of the then-current subscription period; cancellations received fewer than 10 days before the end the then-current subscription period are effective at the end of the next subscription period. Mobile Data Labs may cancel your subscription with or without cause at any time. If Mobile Data Labs cancels your subscription without cause before the end of your subscription period, you may be entitled to a refund (prorated for the time remaining on your subscription period). Otherwise, subscriptions are non-refundable except as expressly set forth in writing by MileIQ. Termination of your MileIQ subscription will automatically terminate these Terms. By using MileIQ, you agree to be bound by and accept the subscription terms set forth in this section and any other terms set forth in an order with Mobile Data Labs.

Service Codes. Service codes may allow you to receive a discount off MileIQ or other benefits, depending on the type of service code. Service codes must be redeemed at the time you order a subscription to MileIQ and cannot be combined with any other discounts, promotions or offers without Mobile Data Labs’ express consent. Redemption of service codes is subject to Mobile Data Labs’ approval and valid registration with MileIQ. Service codes are not transferable except with Mobile Data Labs’ express consent. You are solely responsible for the payment of any taxes that you incur as a result of using any service code. Additional services code terms may apply.

Registration Data & Account Information. You agree to: (i) provide accurate, current and complete information about you as may be prompted by the MileIQ registration process (“Registration Data”); (ii) maintain the security of your password and identification; (iii) maintain and promptly update the Registration Data, and any other information you provide to Mobile Data Labs, in order to keep it accurate, current and complete; and (iv) accept all risk of unauthorized access to the Registration Data and any other information you provide to Mobile Data Labs. You represent and warrant that all Registration Data is accurate, current and complete. You may update your information via MileIQ or via the MileIQ website located at https://dashboard.MileIQ.com (the “Site”). MileIQ is intended solely for users who are 13 years of age or older. In addition, if you are under 18 years old, you may use MileIQ only with the approval of your parent or guardian.

Third-Party Sites and Services; Third-Party Materials. MileIQ may provide links to third-party websites, applications, mobile services or other third-party services (“Third-Party Services”) and may also display, link to or otherwise make available third-party content, data, information, events, applications or materials (“Third-Party Materials”). Mobile Data Labs does not endorse or control, and makes no representations or warranties of any kind regarding, any Third-Party Services or Third-Party Materials, including, but not limited to, the content, accuracy, quality, nature, appropriateness, decency, functionality, performance, reliability, completeness, timeliness, validity, safety, legality or any other aspect thereof. If you access or use any third-party website or application, you should be aware that Mobile Data Labs’ terms and policies, including the Terms, no longer govern. You should review the applicable terms and policies, including, but not limited to, privacy and data gathering practices, of any third-party website or application to which you navigate from MileIQ.

Third-Party Interactions. Your use of MileIQ and your contact, interaction or dealings with any third-parties arising out of your use of MileIQ is solely at your own risk. You acknowledge and agree that Mobile Data Labs is not responsible or liable in any manner for any loss, damage or harm of any sort incurred as a result of your use of MileIQ.

User Content and Conduct. You are solely responsible for all content you upload to or use with MileIQ, as well as your conduct and the conduct of anyone using your account. The content you upload to or use with MileIQ must comply with the user content and conduct rules below. Enforcement of the user content and conduct rules set forth in the Terms is solely at Mobile Data Labs’ discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third-party or any reasonable expectation that MileIQ will not contain any content that is prohibited by such rules. You agree not to upload to, transmit, distribute, store, create or otherwise publish through MileIQ any of the following:

  • User content that is illegal or unlawful, that would constitute, encourage or provide instructions for a criminal offense, or otherwise create liability or violate any local, state, national or international law;
  • User content that may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual or other right of any party; or
  • Viruses, corrupted data or other harmful, disruptive or destructive files or code, script or other software designed to automate any functionality on MileIQ. You further agree that you are solely responsible for your conduct with respect to MileIQ, and you agree that you will not do any of the following in connection with MileIQ:
  • Use MileIQ for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates the Terms or any other rules or polices established from time-to-time by Mobile Data Labs;
  • Modify, adapt or hack MileIQ;
  • Circumvent or attempt to circumvent any filtering, security measures or other features designed to protect MileIQ; and
  • Infringe upon or violate the rights of Mobile Data Labs.

Mobile Data Labs takes no responsibility and assumes no liability for any user conduct or for any user content posted or uploaded on (or otherwise made available via) MileIQ, nor is Mobile Data Labs liable for any mistakes, defamation, slander, libel, omissions, or other material you may encounter while using MileIQ. Your use of MileIQ is at your own risk. Although Mobile Data Labs does not control and has no obligation to screen, edit or monitor any of the user content posted or uploaded on (or otherwise made available via) MileIQ, Mobile Data Labs reserves the right, and has absolute discretion, to remove, screen or edit any user content posted or uploaded on MileIQ at any time and for any reason without notice. Any use of MileIQ in violation of the foregoing violates the Terms and may result in, among other things, termination or suspension of your rights to use MileIQ. Except for any feedback you provide with respect to MileIQ or any of Mobile Data Labs’ products and services or as specifically provided otherwise in the Terms or in a separate agreement between you and Mobile Data Labs, you retain ownership of the user content you post or upload on (or otherwise make available via) MileIQ. However, if you post or upload user content on (or otherwise make available via) MileIQ, you grant Mobile Data Labs and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, and distribute such user content solely to enable Mobile Data Labs to operate MileIQ. You represent and warrant that: (i) you own and control all of the rights to the user content that you post or upload on (or otherwise make available via) MileIQ or you otherwise have the right to make available such user content via MileIQ and grant the rights granted in the Terms; and (ii) Mobile Data Labs’ use and making available the user content you supply does not violate the Terms and will not violate any rights of or cause injury to any person or entity.

Location Information. MileIQ collects location information and it will be used and disclosed as set forth in the Privacy Policy. You acknowledge and agree that by accepting the Terms or using MileIQ you affirmatively consent to Mobile Data Labs' collection, use, disclosure and storage of your location information. You may revoke your consent with respect to Mobile Data Labs' collection, use, disclosure and storage of your location information at any time by contacting support@mileiq.com and deleting the app from your mobile device. Please know that if you revoke your consent by doing one of the foregoing or you delete or deactivate your account, we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period. If you consent to our collection of location information and you do not subsequently stop the collection of this location information, Mobile Data Labs will continue to collect this location information. If you consent to our collection of location information, subsequently stop the collection of this location information and later consent to the collection of this location information, MileIQ will resume the collection of location information. Mobile Data Labs takes reasonable measures to protect your location information from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. MileIQ is for your use and to collect your location information. You may not use MileIQ to collect another individual's location information. If you violate any of this restriction or any other restriction, you will have breached the Terms, which may subject you to further liability.

Ownership. MileIQ contains the valuable proprietary content of Mobile Data Labs and its licensors and is protected by copyright and other intellectual property laws and treaties. You agree not to use MileIQ except in its intended manner in accordance with the terms and conditions of the Terms.

Modification of Terms. Mobile Data Labs reserves the right to change any of the terms and conditions contained in the Terms, or any policy or guideline of Mobile Data Labs, at any time and in its sole discretion. Mobile Data Labs will inform you if it intends to change these Terms and will provide notice before the intended change takes effect by sending an email, by posting the revised Terms on the Site or by such other form of notice as determined by Mobile Data Labs. Changes will only become effective at the end of the 30 day period commencing upon the posting of the changes via MileIQ (“Notice Period”). If you disagree with any changes, you may terminate your use of MileIQ within the Notice Period and, if termination is effective prior to the end of your current subscription period, you may be entitled to a prorated refund. Please contact support@mileiq.com for refund information. You should review the Terms on a regular basis and read the notices Mobile Data Labs sends to you. Use of MileIQ after the Notice Period will constitute your acceptance of the changes/modifications.

Termination. The Terms are effective on the date that you first access or use MileIQ, or as otherwise set forth in an order with Mobile Data Labs, and continue for the length of your subscription period. You may terminate these Terms (a) if Mobile Data Labs does not cure any breaches its obligations under these Terms within 30 days of your written notice of such breach; (b) by canceling your MileIQ subscription as set forth above; or (c) as otherwise consented to in writing by Mobile Data Labs. Mobile Data Labs may terminate these Terms if you breach any of the terms and conditions of these Terms. In the event of any termination of the Terms: (i) all licenses granted under the Terms will immediately terminate; and (ii) you must immediately cease all use of MileIQ and destroy or erase all copies of MileIQ in your possession or control. All of the sections of the Terms will survive any termination except the “License” section. Any use of MileIQ after termination is unlicensed and is in violation of the copyright and other rights of Mobile Data Labs.

Disclaimers. IF YOU ARE A CONSUMER, YOU HAVE CERTAIN RIGHTS UNDER THE LAW. THESE RIGHTS INCLUDE AN OBLIGATION ON MOBILE DATA LABS TO PROVIDE MILEIQ USING REASONABLE CARE AND SKILL. NOTHING IN THESE TERMS IS INTENDED TO LIMIT OR EXCLUDE THE LIABILITY FOR ANY BREACH BY MOBILE DATA LABS OF THIS. EXCEPT IN CASES IN WHICH MOBILE DATA LABS HAS HIDDEN DEFECTS IN BAD FAITH OR DEFECTS HAVE RENDERED USE OF THE SERVICES IMPOSSIBLE AND EXCEPT IN RESPECT OF ANY PAID SUBSCRIPTION, WE PROVIDE MILEIQ "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE." MOBILE DATA LABS DOESN’T GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM MILEIQ. YOU ACKNOWLEDGE AND AGREE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS AREN'T FAULT-FREE AND THAT OCCASIONAL PERIODS OF DOWNTIME OCCUR. MOBILE DATA LABS CAN'T GUARANTEE THAT YOUR USE OF MOBILEIQ WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. MOBILE DATA LABS GIVES NO CONTRACTUAL GUARANTEES OR CONDITIONS. YOU HAVE ALL MANDATORY WARRANTIES FORESEEN BY LAW, BUT MOBILE DATA LABS GRANTS NO OTHER WARRANTIES. MOBILE DATA LABS EXCLUDES ANY IMPLIED MANDATORY WARRANTIES, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT AND NON-INFRINGEMENT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Your Liability to Mobile Data Labs You agree to reimburse Mobile Data Labs for any losses that we suffer as a direct result of any breach by you of these Terms (including any of your promises and responsibilities set out in the section of these Terms, which is entitled "User Content and Conduct").

Limitation of Liability. Mobile Data Labs shall not be liable for Your Content, material or other third party material, including links to third-party websites and activities provided by users. Such content and activities are neither attributable to Mobile Data Labs nor do they represent Mobile Data Lab’s opinion. Mobile Data Labs shall only be liable if material obligations of the Agreement have been violated. Mobile Data Labs, its vicarious agents and/or its legal representatives shall not be liable for any indirect damage, including financial loss, such as loss of profit, unless Mobile Data Labs, its vicarious agents and/or its legal representative have at least acted with gross negligence or willful misconduct. Any statutory no-fault liability of Mobile Data Labs, including, without limitation, liability under the product liability act and statutory liability for breach of warranty, shall remain unaffected by the limitation of liability. The same shall apply to liability of Mobile Data Labs, its vicarious agents and/or its legal representatives in the event of fraud or their negligence resulting in personal injury or death. Mobile Data Labs is not responsible or liable for any failure to perform or delay in performing its obligations under these Terms to the extent that the failure or delay is caused by circumstances beyond our reasonable control (such as labour disputes, acts of God, war or terrorist activity, malicious damage, accidents or compliance with any applicable law or government order). Mobile Data Labs will endeavour to minimise the effects of any of these events and to perform the obligations that aren’t affected.

Copyright Complaints. Mobile Data Labs takes intellectual property rights seriously. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Mobile Data Labs has adopted a policy of terminating, in appropriate circumstances and at Mobile Data Labs’ sole discretion, subscribers or account holders who are deemed to be repeat infringers. If you believe in good faith that any content on MileIQ infringes your copyright, you (or your agent) may send us a notice requesting that the content be removed, or access to it blocked. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA (see www.loc.gov/copyright for details). Notices and counter notices should be sent to our designated agent at:
Mail:
Litigation Group
Microsoft Corporation
One Redmond Way
Redmond WA 98052.

Electronic Communications. Notwithstanding any terms to the contrary in the Terms, Mobile Data Labs may choose to electronically deliver all communications with you, which may include: (i) email to your email address listed in your Registration Data; or (ii) posting messages that are displayed to you when you log into or access your account. Mobile Data Labs’ electronic communications to you may transmit or convey information about action taken as a result of your request, portions of your requests that may be incomplete or require additional explanation, any notices required under applicable Law and any other notices. You agree to do business electronically with Mobile Data Labs, 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 email.

Invalidity. If any part of these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect.

Governing Law; Arbitration. These Terms will be governed by the law of the country in which you are domiciled if you are domiciled in the European Economic Area and the courts of that country will have exclusive jurisdiction in relation to the these Terms. If you are in the EU and we are unable to resolve any disputes, you may have certain rights to refer disputes to the EU’s Online Dispute Resolution platform at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN.

Additional Terms when downloading MileIQ through Apple: Notwithstanding any terms to the contrary in the Terms, the following additional terms will apply to the download of MileIQ for use on the iPhone, iPod Touch or iPad:

Acknowledgement. You and Mobile Data Labs acknowledge that the terms are solely between you and Mobile Data Labs, and not with Apple, Inc. (“Apple”), and Mobile Data Labs, not Apple, is solely responsible for MileIQ and the content contained within MileIQ. You further acknowledge that the usage rules for MileIQ are subject to any additional restrictions set forth in the Usage Rules for the Apple App Store Terms of Service as of the date you download MileIQ. In the event of any conflict between the terms and conditions of the Usage Rules for the Apple App Store Terms of Service and the terms and conditions of the Terms, the terms and conditions of the Usage Rules for the Apple App Store Terms of Service will govern if they are more restrictive.

Scope of License. The license granted to you is limited to a non-transferable license to use MileIQ on any iPhone, iPod touch or iPad that you own or control as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.

Maintenance and Support. Mobile Data Labs is solely responsible for providing maintenance and support services with respect to MileIQ. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to MileIQ.

Warranty. You acknowledge and agree that Apple is not responsible for any product warranties, whether express or implied by law, with respect to MileIQ. In the event of any failure of MileIQ to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for MileIQ by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to MileIQ. You also acknowledge and agree that to the extent that there are any applicable warranties, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty, such will be the sole responsibility of Mobile Data Labs. However, you understand and agree that in accordance with the Terms, Mobile Data Labs has disclaimed all warranties of any kind with respect to MileIQ, and therefore, there are no warranties applicable to MileIQ, except those implied by law.

Product Claims. You and Mobile Data Labs acknowledge and agree that as between Apple and Mobile Data Labs, Mobile Data Labs, not Apple, is responsible for addressing any of your claims or any third-party claims relating to MileIQ or your possession and/or use of MileIQ, including, but not limited to: (i) product liability claims; (ii) any claim that MileIQ fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

Intellectual Property Rights. You and Mobile Data Labs acknowledge and agree that, in the event of any third-party claim that MileIQ or your possession and use of MileIQ infringes that third-party’s intellectual property rights, Mobile Data Labs, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under the Terms.

Legal Compliance. You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Developer Name and Address. Any end-user questions, complaints or claims with respect to MileIQ should be directed to:
Mobile Data Labs, Inc.
1355 Market Street Suite 300
San Francisco, CA 94103

Third-Party Beneficiary. The parties acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce any of the terms and conditions of the Terms against you as a third-party beneficiary thereof.


Terms of Service for CA users

Mobile Data Labs, Inc.
TERMS OF SERVICE CANADA
Last Revised: January 31, 2017

THESE TERMS OF SERVICE TOGETHER WITH THE MICROSOFT BING MAPS AND MAPPOINT WEB SERVICE TERMS OF USE FOUND HERE (THE “TERMS”) APPLY TO YOUR USE OF THE MILEIQ MOBILE APPLICATION, THE WEBSITE LOCATED AT WWW.MILEIQ.COM AND THE SERVICES RELATED TO THE FOREGOING (COLLECTIVELY, “MILEIQ”) PROVIDED BY MOBILE DATA LABS, INC. (“MOBILE DATA LABS,” “WE” OR “US”). PLEASE READ ALL OF THE TERMS AND CONDITIONS OF THE TERMS CAREFULLY.

BY USING MILEIQ, YOU ACKNOWLEDGE AND AGREE THAT: (I) YOU HAVE READ ALL OF THE TERMS AND CONDITIONS OF THE TERMS; (II) YOU UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF THE TERMS; AND (III) YOU AGREE TO BE LEGALLY BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH IN THE TERMS.

IF YOU DO NOT AGREE WITH ANY OF THE TERMS OR CONDITIONS OF THE TERMS, YOU MAY NOT ACCESS OR USE MILEIQ.

MileIQ Service and Features. MileIQ is a mobile service application that passively tracks kilometers driven so as to make it easier to classify reimbursable and deductible business mileage. MileIQ asks you to opt-in to certain features, like daily notifications and monthly mileage summaries. If you decide you no longer want to access an opt-in feature, you may opt-out by contacting Mobile Data Labs at support@mileiq.com or via the settings menu in MileIQ.

Privacy. When You create an account for MileIQ, You agree that Mobile Data Labs may collect and use technical data and information in connection with your use of MileIQ (including, but not limited to, contact information and technical information about your device, system and MileIQ software, and peripherals) that are gathered periodically to facilitate the features and functionality of MileIQ and software updates, product support and other services. You can also consent to MileIQ collecting, using, disclosing and storing your location information. You may revoke your consent with respect to Mobile Data Labs' collection, use, disclosure and storage of your location information at any time by contacting support@mileiq.com and deleting the app from your mobile device. Please know that if you revoke your consent by doing one of the foregoing or you delete or deactivate your account, we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period. Mobile Data Labs takes reasonable measures to protect your location information from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction.

MileIQ is for your use and to collect your location information. You may not use MileIQ to collect another individual's location information. If you violate any of this restriction or any other restriction, you will have breached the Terms, which may subject you to prosecution and damages.

You may also consent to Mobile Data Labs communicating with you about MileIQ or in connection with the features, functions and activities contained in MileIQ.

Please see our Privacy Policy (www.mileiq.com/privacy) for more information about how Mobile Data Labs collects, uses, stores and discloses information collected through MileIQ.

License. Subject to the terms, conditions and limitations set forth in the Terms, Mobile Data Labs grants you a nonexclusive, non-transferable and revocable license to use MileIQ on any mobile device that you own or for which you are an authorized user. The terms of the license will also govern any upgrades or updates provided by Mobile Data Labs that replace and/or supplement the original MileIQ, unless such upgrade or update is accompanied by a separate license, in which case the terms of that license will govern.

Restrictions. You agree not to do, or authorize or permit any third-party to do, any of the following: (i) distribute or make MileIQ available over a network where it could be used by multiple devices at the same time; (ii) rent, lease, lend, sell, redistribute or sublicense MileIQ; (iii) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of MileIQ, or any updates or any part thereof (except as and only to the extent any of these restrictions are prohibited by applicable law); or (iv) remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in MileIQ. If you violate any of the restrictions set forth in the Terms, your use of MileIQ will immediately cease, and you will have infringed the copyright and other rights of Mobile Data Labs, which may subject you to prosecution and damages. Mobile Data Labs reserves all rights not expressly granted to you in the Terms.

Subscription Terms. Use of MileIQ is free for the first 40 drives per month. Additional use is on a subscription basis. Subscriptions for unlimited drives using MileIQ are available for $7.99 (plus applicable taxes) per month for monthly payment plans or $79.99 (plus applicable taxes) per year for annual payment plans, or as otherwise agreed to in writing by Mobile Data Labs. MileIQ subscriptions continue indefinitely, and are billed monthly or annually, depending on the payment plan you chose at sign-up, until the subscription is cancelled by you or us pursuant to these Terms (see below for how to cancel). If you initiated your MileIQ subscription through Apple, see https://support.apple.com/en-us/HT202039 (or its successor website) for information about managing your subscription. If you initiated your MileIQ subscription through Google Play, see https://support.google.com/googleplay/answer/2476088?vid=1-635770230184706449-3000457038 (or its successor website) for information about managing your subscription. If you initiated your MileIQ subscription via an order from Mobile Data Labs, contact MileIQ at support@mileiq.com with your formal request for cancellation. Cancellations must be received by us at least 10 days prior to the next regular payment date or you will still be charged for that payment. Cancellations received with at least 10 days prior notice are effective immediately prior to the next regular payment date. If a cancellation is received fewer than 10 days before the next regular payment date, that payment will be processed and the cancellation will be effective immediately prior to the following regular payment date. Mobile Data Labs may cancel your subscription with or without cause at any time. If Mobile Data Labs cancels your subscription without cause before the end of your subscription period, or provides you with less than 60 days’ notice, you may be entitled to a refund (prorated for the time remaining on your subscription period). Otherwise, subscriptions are non-refundable except as expressly set forth in writing by MileIQ. Termination of your MileIQ subscription will automatically terminate these Terms.

Service Codes. Service codes may allow you to receive a discount off MileIQ or other benefits, depending on the type of service code. Service codes must be redeemed at the time you order a subscription to MileIQ and cannot be combined with any other discounts, promotions or offers without Mobile Data Labs’ express consent. Redemption of service codes is subject to Mobile Data Labs’ approval and valid registration with MileIQ. Service codes are not transferable except with Mobile Data Labs’ express consent. You are solely responsible for the payment of any taxes that you incur as a result of using any service code. Additional services code terms may apply.

Registration Data & Account Information. You agree to: (i) provide accurate, current and complete information about you as may be prompted by the MileIQ registration process (“Registration Data”); (ii) maintain the security of your password and identification; (iii) maintain and promptly update the Registration Data, and any other information you provide to Mobile Data Labs, in order to keep it accurate, current and complete; and (iv) accept all risk of unauthorized access to the Registration Data and any other information you provide to Mobile Data Labs. You represent and warrant that all Registration Data is accurate, current and complete. You may update your information via MileIQ or via the MileIQ website located at https://dashboard.MileIQ.com (the “Site”).

MileIQ is intended solely for users who are 16 years of age or older. In addition, if you are under the legal age of majority in your province of residence, you may use MileIQ only with the approval of your parent or guardian.

Third-Party Sites and Services; Third-Party Materials.

MileIQ may provide links to third-party websites, applications, mobile services or other third-party services (“Third-Party Services”) and may also display, link to or otherwise make available third-party content, data, information, events, applications or materials (“Third-Party Materials”). Mobile Data Labs does not endorse or control, and makes no representations, conditions or warranties of any kind regarding, any Third-Party Services or Third-Party Materials, including, but not limited to, the content, accuracy, quality, nature, appropriateness, decency, functionality, performance, reliability, completeness, timeliness, validity, safety, legality, non-infringement or any other aspect thereof. If you access or use any third-party website or application, you should be aware that Mobile Data Labs’ terms and policies, including the Terms, no longer govern. You should review the applicable terms and policies, including, but not limited to, privacy and data gathering practices, of any third-party website or application to which you navigate from MileIQ.

Third-Party Interactions. The following provisions do not limit the application of Section 10 of the Quebec Consumer Protection Act, if such legislation otherwise applies. Your use of MileIQ and your contact, interaction or dealings with any third-parties arising out of your use of MileIQ is solely at your own risk. You acknowledge and agree that Mobile Data Labs is not responsible or liable in any manner for any loss, damage or harm of any sort incurred as a result of your use of MileIQ.

User Content and Conduct. You are solely responsible for all content you upload to or use with MileIQ, as well as your conduct and the conduct of anyone using your account. The content you upload to or use with MileIQ must comply with the user content and conduct rules below. Enforcement of the user content and conduct rules set forth in the Terms is solely at Mobile Data Labs’ discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third-party or any reasonable expectation that MileIQ will not contain any content that is prohibited by such rules.

You agree not to upload to, transmit, distribute, store, create or otherwise publish through MileIQ any of the following:

  • • User content that is illegal or unlawful, that would constitute, encourage or provide instructions for a criminal offense, or otherwise create liability or violate any local, provincial, national or international law;
  • • User content that may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual or other right of any party, or defame any party; or
  • • Viruses, corrupted data or other harmful, disruptive or destructive files or code, script or other software designed to automate any functionality on MileIQ. You further agree that you are solely responsible for your conduct with respect to MileIQ, and you agree that you will not do any of the following in connection with MileIQ:
  • • Use MileIQ for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates the Terms or any other rules or polices established from time-to-time by Mobile Data Labs;
  • • Modify, adapt or hack MileIQ;
  • • Circumvent or attempt to circumvent any filtering, security measures or other features designed to protect MileIQ; and
  • • Infringe upon or violate the rights of Mobile Data Labs.

The following provisions do not limit the application of Sections 10 or 11 of the Quebec Consumer Protection Act, if such legislation otherwise applies.

Mobile Data Labs takes no responsibility and assumes no liability for any user conduct or for any user content posted or uploaded on (or otherwise made available via) MileIQ, nor is Mobile Data Labs liable for any mistakes, defamation, slander, libel, omissions, or other material you may encounter while using MileIQ. Your use of MileIQ is at your own risk. Although Mobile Data Labs does not control and has no obligation to screen, edit or monitor any of the user content posted or uploaded on (or otherwise made available via) MileIQ, Mobile Data Labs reserv es the right, and has absolute discretion, to remove, screen or edit any user content posted or uploaded on MileIQ at any time and for any reason without notice. Any use of MileIQ in violation of the foregoing violates the Terms and may result in, among other things, termination or suspension of your rights to use MileIQ.

Except for any feedback you provide with respect to MileIQ or any of Mobile Data Labs’ products and services or as specifically provided otherwise in the Terms or in a separate agreement between you and Mobile Data Labs, you retain ownership of the user content you post or upload on (or otherwise make available via) MileIQ. However, if you post or upload user content on (or otherwise make available via) MileIQ, you grant Mobile Data Labs and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, and distribute such user content solely to enable Mobile Data Labs to operate MileIQ. You represent and warrant that: (i) you own and control all of the rights to the user content that you post or upload on (or otherwise make available via) MileIQ or you otherwise have the right to make available such user content via MileIQ and grant the rights granted in the Terms; and (ii) Mobile Data Labs’ use and making available the user content you supply does not violate the Terms and will not violate any rights of or cause injury to any person or entity. You agree to not assert any author’s or moral rights in respect of any such user content.

Ownership and Suppliers. MileIQ contains the valuable proprietary content of Mobile Data Labs, Bing data suppliers, and its licensors and is protected by copyright and other intellectual property laws and treaties. You agree not to use MileIQ except in its intended manner in accordance with the terms and conditions of the Terms. For more information about Bing data suppliers, click here.

Modification of Terms. Mobile Data Labs reserves the right to change any of the terms and conditions contained in the Terms, or any policy or guideline of Mobile Data Labs, at any time and in its sole discretion by posting the revisions via MileIQ. Additionally, notice may be provided by sending an email, by posting the revised Terms on the Site or by such other form of notice as determined by Mobile Data Labs. Changes will only become effective at the end of the 30 day period commencing upon the posting of the changes via MileIQ (“Notice Period”). If you disagree with any changes, you may terminate your use of MileIQ within 30 days of the expiration of the Notice Period and, if termination is effective prior to the end of your current subscription period, you may be entitled to a prorated refund. Please contact support@mileiq.com for refund information. You should review the Terms on a regular basis and read the notices Mobile Data Labs sends to you. If you do not terminate the Terms within the Notice Period, you will be deemed to have accepted the changes/modifications.

Termination. The Terms are effective on the date that you first access or use MileIQ, or as otherwise set forth in an order with Mobile Data Labs, and continue for the length of your subscription period. You may terminate these Terms (a) if Mobile Data Labs does not cure any breaches its obligations under these Terms within 30 days of your written notice of such breach; (b) by canceling your MileIQ subscription as set forth above; or (c) as otherwise consented to in writing by Mobile Data Labs. Mobile Data Labs may terminate these Terms if you breach any of the terms and conditions of these Terms. In the event of any termination of the Terms: (i) all licenses granted under the Terms will immediately terminate; and (ii) you must immediately cease all use of MileIQ and destroy or erase all copies of MileIQ in your possession or control. All of the sections of the Terms will survive any termination except the “License” section. Any use of MileIQ after termination is unlicensed and is in violation of the copyright and other rights of Mobile Data Labs.

Disclaimers. The following provisions do not limit the application of Section 10 of the Quebec Consumer Protection Act, if such legislation otherwise applies. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF MILEIQ IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, SAFETY, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MILEIQ IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MOBILE DATA LABS DISCLAIMS ANY AND ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE TERMS, MILEIQ, ALL RELATED PRODUCTS AND SERVICES, USER CONTENT, THIRD-PARTY SERVICES OR THIRD-PARTY MATERIALS, WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL: (I) WARRANTIES OF MERCHANTABILITY; (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT MOBILE DATA LABS KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) WARRANTIES OF NON-INFRINGEMENT OR CONDITION OF TITLE. MOBILE DATA LABS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN MILEIQ WILL BE ACCURATE OR MEET YOUR REQUIREMENTS, THAT THE OPERATION OF MILEIQ WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN MILEIQ WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY MOBILE DATA LABS OR ITS AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY.

Indemnification. You agree, at your sole expense, to defend, indemnify and hold Mobile Data Labs, our service providers and consultants, and their respective directors, employees and agents, harmless from and against any and all actual or threatened suits, actions, applications, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable legal fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to: (i) your conduct; (ii) your violation of the Terms or the rights of any third-party; or (iii) any user content.

Limitation of Liability. The following provision does not limit the application of Sections 10 or 11 of the Quebec Consumer Protection Act, if such legislation otherwise applies. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL MOBILE DATA LABS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES WHATSOEVER, ARISING OUT OF OR IN RESPECT OF MILEIQ, RELATED PRODUCTS AND SERVICES, USER CONTENT, THIRD-PARTY SERVICES OR THIRD-PARTY MATERIALS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF MOBILE DATA LABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

IN NO EVENT WILL MOBILE DATA LABS’ TOTAL LIABILITY, WHETHER IN STATUTE, CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR IN RESPECT OF THE USE OF OR INABILITY TO USE THE SERVICE EXCEED THE FEE FOR THE SERVICE (AS OPPOSED TO ANY OTHER FEES/COSTS INCLUDING, BUT NOT LIMITED TO, ANY FEES ASSOCIATED WITH YOUR DEVICE).

Copyright Complaints. Mobile Data Labs takes intellectual property rights seriously. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Mobile Data Labs has adopted a policy of terminating, in appropriate circumstances and at Mobile Data Labs’ sole discretion, subscribers or account holders who are deemed to be repeat infringers. If you believe in good faith that any content on MileIQ infringes your copyright, you (or your agent) may send us a notice requesting that the content be removed, or access to it blocked. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA (see www.loc.gov/copyright for details). Notices and counter notices should be sent to our designated agent at:
Email: ops@mobiledatalabs.com
Mail:
Litigation Group
Microsoft Corporation
One Redmond Way
Redmond WA 98052.

Electronic Communications. Notwithstanding any terms to the contrary in the Terms, Mobile Data Labs may choose to electronically deliver all communications with you, which may include: (i) email to your email address listed in your Registration Data; or (ii) posting messages that are displayed to you when you log into or access your account. Mobile Data Labs’ electronic communications to you may transmit or convey information about action taken as a result of your request, portions of your requests that may be incomplete or require additional explanation, any notices required under applicable Law and any other notices. You agree to do business electronically with Mobile Data Labs, 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 email. Electronic Communications. Notwithstanding any terms to the contrary in the Terms, Mobile Data Labs may choose to electronically deliver all communications with you, which may include: (i) email to your email address listed in your Registration Data; or (ii) posting messages that are displayed to you when you log into or access your account. Mobile Data Labs’ electronic communications to you may transmit or convey information about action taken as a result of your request, portions of your requests that may be incomplete or require additional explanation, any notices required under applicable Law and any other notices. You agree to do business electronically with Mobile Data Labs, 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 email. You may withdraw your consent.

Governing Law; Arbitration. PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH MOBILE DATA LABS AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM MOBILE DATA LABS. However, the following paragraphs do not limit the application of Sections 11.1 or 19 of the Quebec Consumer Protection Act, if such legislation otherwise applies.

You and Mobile Data Labs agree to arbitrate any dispute arising from the Terms or relating to MileIQ, except that you and Mobile Data Labs are not required to arbitrate any dispute in which either party seeks equitable or 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 Mobile Data Labs agree that you will notify each other of any dispute within 30 days of when it arises, that you will attempt informal resolution prior to any demand for arbitration, that any arbitration will occur in San Francisco, California and that arbitration will be conducted confidentially by a single arbitrator in accordance with the Rules of the American Arbitration Association. You and Mobile Data Labs also agree that the state or federal courts in San Francisco County, California 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. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND MOBILE DATA LABS WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING.

Enforceability; Severability. All provisions of these Terms apply to the extent permitted by applicable law and unless restricted or prohibited by applicable law. If, in any jurisdiction, any provision of these Terms or its application to you in any circumstance is restricted, prohibited or unenforceable, the provision shall, as to that jurisdiction, be ineffective only to the extent of the restriction, prohibition or unenforceability without invalidating the remaining provisions of these Terms and without affecting the validity or enforceability of such provision in any other jurisdictions or circumstance.

Notwithstanding any terms to the contrary in the Terms, the following additional terms will apply to the download of MileIQ for use on the iPhone, iPod Touch or iPad:

Acknowledgement. You and Mobile Data Labs acknowledge that the terms are solely between you and Mobile Data Labs, and not with Apple, Inc. (“Apple”), and Mobile Data Labs, not Apple, is solely responsible for MileIQ and the content contained within MileIQ. You further acknowledge that the usage rules for MileIQ are subject to any additional restrictions set forth in the Usage Rules for the Apple App Store Terms of Service as of the date you download MileIQ. In the event of any conflict between the terms and conditions of the Usage Rules for the Apple App Store Terms of Service and the terms and conditions of the Terms, the terms and conditions of the Usage Rules for the Apple App Store Terms of Service will govern if they are more restrictive.

Scope of License. The license granted to you is limited to a non-transferable license to use MileIQ on any iPhone, iPod touch or iPad that you own or control as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.

Maintenance and Support. Mobile Data Labs is solely responsible for providing maintenance and support services with respect to MileIQ. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to MileIQ.

Warranty. You acknowledge and agree that Apple is not responsible for any product warranties, whether express or implied by law, with respect to MileIQ. In the event of any failure of MileIQ to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for MileIQ by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to MileIQ. You also acknowledge and agree that to the extent that there are any applicable warranties, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty, such will be the sole responsibility of Mobile Data Labs. However, you understand and agree that in accordance with the Terms, Mobile Data Labs has disclaimed all warranties of any kind with respect to MileIQ, and therefore, there are no warranties applicable to MileIQ, except those implied by law.

Product Claims. You and Mobile Data Labs acknowledge and agree that as between Apple and Mobile Data Labs, Mobile Data Labs, not Apple, is responsible for addressing any of your claims or any third-party claims relating to MileIQ or your possession and/or use of MileIQ, including, but not limited to: (i) product liability claims; (ii) any claim that MileIQ fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

Intellectual Property Rights. You and Mobile Data Labs acknowledge and agree that, in the event of any third-party claim that MileIQ or your possession and use of MileIQ infringes that third-party’s intellectual property rights, Mobile Data Labs, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under the Terms.

Legal Compliance. You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Developer Name and Address. Any end-user questions, complaints or claims with respect to MileIQ should be directed to:
Mobile Data Labs, Inc.
1355 Market Street Suite 300
San Francisco, CA 94103
Email: support@mileiq.com

Third-Party Beneficiary. The parties acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce any of the terms and conditions of the Terms against you as a third-party beneficiary thereof.

Mobile Data Labs, Inc.