Terms of Service
These Terms of Service are Effective as of January 1, 2015.
1. General Information Regarding These Master Terms of Use (the "Master Terms").
Please read these terms carefully because they apply to your use of our websites (the "Websites") and mobile apps (the “Apps”) that Driversnote ApS operates, including the products and services (the "Services") provided through the Websites and Apps (collectively, the "Services"). The Services include, but are not limited to, the websites operated at www.driversnote.com, and Apps in in different app stores. Driversnote is a software serviced by Driversnote ApS, a Danish corporation with a business office at Njalsgade 19D, DK-2300 Copenhagen.
Unless otherwise agreed in writing with Driversnote ApS, your use of any of the Services will always be subject to, at a minimum, the terms and conditions set out in this document. These are referred to as the "Main Terms."In addition, your use of any of the Services may also be subject to the terms of any legal notice applicable to the Service, in addition to the Master Terms. All such terms supplementing these Master Terms are referred to below as the "Supplementary Terms." Where Supplementary Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Website or Service.
The Master Terms, together with any Supplementary Terms, form a binding legal agreement between you and Driversnote ApS in relation to your use of the Services. Collectively, this legal agreement is referred to below as the "Terms". If there is any contradiction between the Supplementary Terms and the Master Terms, then the Supplementary Terms shall take precedence in relation to the Website or Service to which the Supplementary Terms apply.2. Your Agreement to the Terms.
Your access or use of any Service in any way signifies that you have read, understand and agree to be bound by the Terms. By accessing or using any Service you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of any Service. If you do not agree to the Terms, you are not authorized to use any Service.
3. Changes to the Terms.
From time to time, Driversnote may change, remove, add to (including without limitation by way of Supplementary Terms) or otherwise modify the Terms, and reserves the right to do so in its discretion. In that case, we will post the updated Master Terms or Supplementary Terms, as relevant, to the applicable Service(s) and indicate the date of revision. We encourage you to periodically review the Terms. In addition, if our modifications are material, we will make commercially reasonable efforts to notify you electronically, e.g. by way of email address, if we have an email adress on file, or by displaying a notice on the Websites indicating that the Terms have changed. All new and/or amended Terms take effect immediately. Notwithstanding the foregoing, (i) no modification to the Terms will apply to any dispute between you and Driversnote that arose prior to the effective date of any modification and (ii) if you do not agree with any modification to the Terms, you may terminate this agreement by ceasing use of the Services. Your continued use of any Service after new and/or revised Terms are effective indicate that you have read, understood and agreed to those Terms.
4. Provision of the Websites and Services Generally.
Driversnote makes the Services available to you on the Terms. You may only use the Services in accordance with these Master Terms and any applicable Supplementary Terms. In particular but without limitation, you may not use the Services for any purpose that is unlawful or prohibited by these Master Terms, any applicable Supplementary Terms, or any other conditions or notices that are made available on any Service.
Registration; Security
You agree to (a) provide accurate, current and complete information about you, if and as may be prompted by the registration process on any of the Services, (b) maintain the security of your password(s) and identification and not pass this information on to any third party, (c) maintain and promptly update your registration information and any other information you provide to Driversnote, and to keep it accurate and complete to, among other things, allow us to contact you, and (d) be fully responsible your use of your account. It is your responsibility to ensure that Driversnote has up-to-date contact information for you. You may not set up an account or membership on behalf of another individual or entity, or pass on your account or password(s) and identification to a third party unless you are authorized to do so by Driversnote.
Termination; Termination and Inactivation of User Accounts
Your participation as a Registered User and use of the related Services terminates automatically upon your breach of any of these Master Terms or applicable Supplementary Terms.
In addition, Driversnote may, at any time: modify or change such Services and any applicable Terms and policies governing your user account and related Services for any reason; and interrupt user accounts and related Services for any reason, all as Driversnote deems appropriate in its discretion.
In addition, Driversnote reserves the right to delete and purge any account and all content associated therewith following any prolonged period of inactivity (at least 90 days), all as may be determined by Driversnote in its complete discretion.
Free Trial Period
Driversnote may provide you with an option to use the Services on a free trial basis. In such event, you will not be billed for such use for that period of time as may be determined by Driversnote. Once such free trial period expires, access to your account will be suspended until you upgrade to a paid account and remit payment therefore. Driversnote reserves the right to modify the duration of, or to terminate, the free trial period at any time.
Paid Memberships & Subscriptions
Driversnote offers paid subscriptions to our Services. All subscriptions are billed in advance on a periodical basis or as a flat fee. If you have an periodical payment subscription, you will be charged on a recurring basis, the day before your subscription expire. You will be billed in advance (one time or on an annual basis, as applicable) for the Service(s) (at the level and for the specific Services that you have selected). If you provide credit card information, you authorize Driversnote to charge such credit card for all Services selected by you via the Sites, including for the initial subscription period and any renewal subscription periods at the then current subscription rates. By using the Services, you consent to receiving electronic communications from Driversnote. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Services. These electronic communications are part of your relationship with Driversnote and you receive them as part of your subscription to the Services. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
All fees are non-refundable
No refunds for periods of inactivity will be issued. If you choose to upgrade or downgrade your Services plan, your will be charged the difference between your previous rate and your new rate for the remainder of your subscription. On your next regular billing date you will be charged the new rate for your new plan. Downgrading your Services plan may cause the loss of some or all content, features, functionality, or capacity of your account.
The prices of all subscription plans may change upon thirty (30) days notice to you. Such notice may be provided at any time by posting the changes to the Site or by contacting you using the contact information you have provided to us. Driversnote will not be liable to you or to any third party for any modifications, price changes, or suspension or discontinuation of the Services. Services fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies, or duties.
In the event you fail to make timely payments when due, Driversnote may discontinue, terminate or suspend the Services, without incurring any liability to you. Despite any such discontinuation or suspension, you acknowledge and agree that it will be required to pay the fees until this agreement is terminated in accordance with the termination provisions set forth herein.
All billing and credit card information will be submitted to, and stored by, a third party payment processor. You understand Driversnote will not have access to any such information and agree Driversnote will not be liable for any losses or damages arising from such third party payment processor's acts or omissions.
Cancellations
You may cancel your subscription to our Services at any time by using the appropriate option in your settings panel on our Website or by sending an email to info@driversnote.com. If you cancel your account before the end of your current paid up period, your cancellation will take effect immediately and if you have paid Services you will not be charged again.
Data
In connection with its provision of the Services, Driversnote may, subject to its compliance with applicable data protection laws, collect, consolidate and analyze your personal information and data (the "Data"). You hereby grant Driversnote a non-exclusive, perpetual, Worldwide license to use your non-personally identifiable Data in aggregated and blinded formats that do not identify, reference or imply an association with you or your friends, family, followers or other social connections, for the only purposes of improving Driversnote' products, creating benchmarking, statistical, research and marketing analyses, surveys, reports and studies.
5. Disclaimer of Warranties.
To the fullest extent permitted by the applicable law, Driversnote offers the Services as-is and makes no representations or warranties of any kind concerning the Services, express, implied, statutory or otherwise, including, without limitation, warranties of title, merchantibility, fitness for a particular purpose, or non-infringement. Driversnote does not warrant that the functions or content contained on the website or services will be uninterrupted or error-free, that defects will be corrected, or that Driversnote's servers are free of viruses or other harmful components. Driversnote does not warrant or make any representation regarding use or the result of use of the content in terms of accuracy, reliability, or otherwise.
6. Limitation of Liability.
Except to the extent required by applicable law and then only to that extent, in no event will Driversnote, its employees, officers, directors, affiliates or agents (the "Driversnote Parties") be liable to you on any legal theory for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary or other damages, including without limitation, loss of revenue or income, lost profits, pain and suffering, emotional distress, cost of substitute goods or services, or similar damages suffered or incurred by you or any third party that arise in connection with the Services (or the termination thereof for any reason), even if the Driversnote Parties have been advised of the possibility of such damages.
The Driversnote Parties shall not be responsible or liable whatsoever in any manner for any content posted on the Websites or Services (including claims of infringement relating to content posted on the Websites or Services, for your use of the Websites and Services, or for the conduct of third parties whether on the websites, in connection with the services or otherwise relating to the Websites or Services.
7. Indemnification
You agree to indemnify and hold harmless the Driversnote Parties (defined above) from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorneys fees, resulting, whether directly or indirectly, arising out of your use of the Services, including but not limited to your violation of this agreement or the Terms. You also agree to indemnify and hold harmless the Driversnote Parties from and against any and all claims brought by third parties arising out of your use of any of the Services and the content you make available via any of the Services by any means, including without limitation through a posting, a link, reference to content, or otherwise.
8. Privacy Policy.
Driversnote is committed to handling responsibly the information and data we collect through our Websites and Services and agrees to use your personal information in accordance with the Privacy Policy and the Terms. The Privacy Policy is available at http://www.driversnote.com/privacy.
9. Trademarks and Intellectual Property
The Services may contain trademarks, service marks, logos and other names and marks that are the property of Driversnote or such other party as indicated with respect to that name or icon. The use of Driversnote' trademarks, logos and icons is prohibited except with formal written agreement by Driversnote.
This agreement does not transfer from Driversnote to you any Driversnote or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Driversnote. Driversnote, the Driversnote logo and all other trademarks, service marks, graphics and logos used in connection with Driversnote, or the Services are trademarks or registered trademarks of Driversnote or Driversnote's licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Driversnote or third-party trademarks.
This is an agreement for services and you are not granted any license hereunder. All software embedded in the Services (including, without limitation, in the application programming interface to which you may have access through a unique access key (the "API Key")) and in the application developed, owned or controlled by Driversnote (as applicable) (the "Software"), and the Services, are and shall remain the sole and exclusive property of Driversnote. You agree that you will not directly or indirectly: (i) assign, distribute, license, sublicense, transfer, sell, rent, lease, time share, grant a security interest in, or otherwise transfer any rights in or to the Software, or make the Software available to third parties except as authorized by this agreement; (ii) modify, translate, reverse engineer, decompile or disassemble the Software for any purpose, including, without limitation, the creation of derivative works or similar products; (iii) upload, link to or post any portion of the Software on a bulletin board, intranet, extranet or web site; or (iv) possess or use the Software in any format other than machine-readable format
The disclaimer of warranties, the limitation of liability and the jurisdiction and applicable law provisions shall survive any termination. The license grants mentioned herein shall continue in effect subject to the terms of the applicable license. Your warranties and indemnification obligations shall survive any termination for one year.
10. Miscellaneous Terms.
These Master Terms and any Supplementary Terms are governed by and construed by the laws of Denmark, exclusive of its choice of law rules. The parties agree that any disputes or proceedings between Driversnote and you concerning these Master Terms, any Supplementary Terms, and/or any of the Websites or Services shall be brought in court of competent jurisdiction sitting in Copenhagen, Denmark, and hereby consent to the personal jurisdiction and venue of such court. Either party's failure to insist on or enforce strict performance of any of the Terms shall not be construed as a waiver of any provision or right. If any term or part of the Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions. The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and Driversnote as a result of these Master Terms, any Supplementary Terms, or your use of any of the Services. These Master Terms and any applicable Supplementary Terms constitute the entire agreement between you and Driversnote relating to this subject matter and supersede all prior, contemporaneous and future communications (with the exception of future amendments to the Terms as made available by Driversnote from time to time) between you and Driversnote.