THE BELOW TERMS OF SERVICE (THE “TERMS”) APPLY TO YOUR USE OF THE MILE-O-METER AND OR VISITS MOBILE APPLICATION, THE WEBSITE LOCATED AT SEAGLEWORKS.COM/MILEOMETER.APP AND THE SERVICES RELATED TO THE FOREGOING (COLLECTIVELY, “MILEOMETER” “SERVICES”) PROVIDED BY SEAGLEWORKS. (“SEAGLEWORKS,” “MILEOMETER” “MILE-O-METER” “WE” OR “US” OR “OUR” or “COMPANY”).
PLEASE READ ALL OF THE TERMS AND CONDITIONS OF THE TERMS CAREFULLY. BY USING MILEOMETER AND OR VISITS RELATED WEBSITE, 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 MILEOMETER.
Accepting Terms
If you access or use the Service, it means you agree to be bound by all of the terms below. Please read all of the terms before you use the Service. If a term does not make sense to you, please let us know. If you don't agree to all of the terms below, you may not use the Service. This Agreement is entered into between you and SeagleWorks. If you have been provided access to the Service through your relationship with a third-party company, you acknowledge that such company is not a party to this Agreement.
Changes to Terms
We encourage you to review the Terms regularly to know about our practices. We may change these Terms from time to time. For example, we may change these Terms if we come out with a new feature. If we make changes, we will let you know by revising the date at the top of the policy and, in some cases, provide you with additional notice (such as sending you an email notification). Any changes we make to these Terms will be effective when we post them. If you use the Service after we have posted the changed Terms, then you have accepted the changes to these Terms.
Privacy Policy
For information about how we collect, use and share information about you via the Service, please see our Privacy Policy.
Product and Service Description
(a) After you download the app from Play/App Store, the on-boarding screen steps you through account setup, subscription setup and guidance around collecting activity, and location data for trip detection. You can change the drive settings anytime later from within the mobile app.
(b) The app runs in the background to detect the trip start/stop based on the movement of your mobile device, so there is no need to press a start or stop button. However, you do have the choice to turn off automatic trip detection and manually start/stop trip sessions.
(c) There are several customization options available like classifying a trip as business or personal category or custom categories that you may wish to define (all of these may be modified or deleted). Also, you can define purpose, work schedule, venue, and vehicle from the mobile app. When you need to share trips, for taxes or employer reimbursement, you can export and share it by email.
(d) Automatic trip detection is dependent on factors you control (such as location services, activity service and battery usage) as well as third-party factors outside of your control (such as network connectivity). Best practices include enabling location services, activity service, avoiding force-quitting the app or pausing trip detection, staying up-to-date with the latest OS on your device, optimizing battery settings and staying logged in to the app.
Right to Use
On the condition that you fully comply with these Terms, SeagleWorks grants you a limited, nonexclusive, non-transferable and revocable license to access and use the Service. Except as expressly authorized by these Terms, you may not: (a) modify, disclose, alter, translate or create derivative works of the Service; (b) license, sublicense, resell, distribute, lease, rent, lend, transfer, assign or otherwise dispose of the Service; (c) disassemble, decompile or reverse engineer any of the software components of the Service; (d) copy, frame or mirror any part of the Service; (e) interfere with or disrupt the integrity or performance of the Service; or (f) attempt to gain unauthorized access to the Service or its related systems or networks.
Creating Account
When you create a member account, you agree to maintain the security of your password and accept all risks that someone may access your account without your permission. As a user you are also aware that a compromised password can lead to your sensitive and personal information being leaked. If you discover or suspect any Service security breaches, please let us know as soon as possible. You represent and warrant to us that all information that you provide in connection with your account is accurate, truthful, current and complete. SeagleWorks reserves the right to deny, deactivate, or terminate any account at our discretion.
License
Subject to the terms, conditions and limitations set forth in the Terms, SeagleWorks grants you a nonexclusive, non-transferable and revocable license to use MILEOMETER on any mobile device that you own or control. The terms of the license will also govern any upgrades provided by the Company that replace and/or supplement the original, 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 Mile-O-Meter available over a network where it could be used by multiple devices at the same time; (ii) rent, lease, lend, sell, redistribute or sublicense Mile-O-Meter; (iii) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of Mile-O-Meter, 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 Mile-O-Meter. If you violate any of the restrictions set forth in the Terms, your use of Mile-O-Meter will immediately cease, and you will have infringed the copyright and other rights of SeagleWorks, which may subject you to prosecution and damages. SeagleWorks reserves all rights not expressly granted to you in the Terms.
Subscription Terms
Subscriptions renew automatically for successive monthly or annual subscription periods (as applicable) until cancelled. If you initiated your Mile-O-Meter subscription through Apple or Google you can visit their respective support pages online for information about managing your auto-renewing subscription. If you initiated your Mileometer subscription from SeagleWorks, please contact SeagleWorks at support@seagleworks.com with your formal request for cancellation. Cancellations received with at least 14 days prior notice are effective at the end of the then-current subscription period; cancellations received fewer than 14 days before the end the then-current subscription period are effective at the end of the next subscription period. SeagleWorks may cancel your subscription with or without cause at any time. If SeagleWorks 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 SeagleWorks. Termination of your Mile-O-Meter subscription will automatically terminate these Terms.
Service Use Fees
We charge a fee (the “Subscription Fee”) for Mile-O-Meter Premium. “Mile-O-Meter Premium” is available as a monthly subscription or prepaid annual subscription. The current amount of the Subscription Fee is disclosed on the Website and in the App. The Subscription Fee may be paid by credit card or we may debit the Subscription Fee on a monthly or annual basis from your Bank Account pursuant to your ACH authorization. The Subscription Fee is non-refundable, except as otherwise required by applicable law. We may change the amount, frequency, and debit date of the Subscription Fee from time to time in our sole discretion. We will notify you in advance of any change to the Subscription Fee by sending you an email, by posting a notice on the Website and the Application, and/or by any other method permitted by applicable law. By accessing or using the Services after any change to the Subscription Fee takes effect, you agree to pay the Subscription Fee, as modified.
You may contact us at any time to cancel your subscription by emailing support@mileometer.app with your request.
Financial and Tax Estimation
Mile-O-Meter may provide estimated financial/tax information via the App or Website. Mile-O-Meter provides this information based solely on information and data provided by you to Mile-O-Meter or from third parties with your consent.
The Services provided are not and shall not be deemed to be legal, financial, accounting, tax or other advice. Your tax and financial situation is unique and any inference you make of the information presented to you by Mile-O-Meter may not be appropriate to your situation. You should consult with your own legal, financial, accounting, or tax advisors. You agree that we are not acting as your agent or fiduciary in connection with your use of the Services.
Discount and Service Codes
From time to time SeagleWorks might issue codes that allow you to receive a discount to Mile-O-Meter Premium or other benefits, depending on the type of service code. Service codes must be redeemed at the time you order a subscription to Mile-O-Meter and cannot be combined with any other discounts, promotions or offers without SeagleWorks express consent. Redemption of service codes is subject to SeagleWorks approval and valid registration with Mile-O-Meter. Service codes are not transferable except with SeagleWorks 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.
Informational Purposes Only
All tools and content provided by us via the Services is for your basic informational purposes only. We do not provide professional or legally binding tax, health or legal services. It is up to you in your sole discretion to decide whether or not to utilize the platform provided by Mile-O-Meter. While we offer information and tools to help you manage your business, we do not provide professional advice and have no liability for your reliance on any information obtained through your use of the Services (whether provided by us or its users).
SeagleWorks’s Rights
As between you and SeagleWorks, all information, materials and content of the Service, including text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, queries, algorithms and other content is owned by SeagleWorks or is used with permission. You own all of your Content. However, when you post, link or otherwise make available Content to the Service, you grant us a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content throughout the world in any manner or media, on or off the Service. SeagleWorks reserves all rights not expressly set forth in these Terms.
Third Party Materials
We may make third party content or services available on or through the Services as a convenience to our users (for example, links to third party websites) ("Third Party Materials"). Our users may also include Third Party Materials in the Content that they post to the Service. We do not control or endorse any Third Party Materials nor are we responsible for reviewing the accuracy of any Third Party Materials. Your business dealings or correspondence with third parties, and any terms, conditions, warranties or representations applicable to any Third Party Materials, are solely between you and the applicable third party. When you leave our Services, you should be aware that these Terms and all other SeagleWorks policies no longer govern your use of other websites and services.
Personal Data Collected by Third Parties
We may receive Personal Data about you from other sources such as in-app chat support, email, telephone, or from companies that distribute the Services by way of a co-branded or private-labeled website, companies that offer their products and/or services via the Services, or companies that provide services (such as payment processing services) in connection with the Services (collectively, “Partner Companies”). Our Partner Companies may supply us with Personal Data, such as your name and e-mail and mailing address information. We may add this information to what we have already collected via our Services in order to perform and improve the Services.
This Privacy Policy applies only to the use and disclosure of Personal Data that we collect while you use the Services. Our provision of a link to any other website or location is for your convenience and does not signify our endorsement of such other website or location or its contents. When you click on such a link, you will leave our site and go to another site. During this process, a third party may collect Personal Data or Anonymous Data from you. Your connection to and use of such third party websites and/or services are subject to such third party’s terms and conditions and privacy policy.
Correction of Errors and Inaccuracies; Limitations on Services.
The information on the Service may contain typographical errors or inaccuracies, and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information at any time without prior notice. Please note that such errors, inaccuracies, or omissions may relate to service descriptions, pricing, and availability. Company also reserves the right to limit the scope of services (including after you have submitted your request). Company apologizes for any inconvenience this may cause you.
You agree not to upload to, transmit, distribute, store, create or otherwise publish through our Services 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 Mile-O-Meter.
You further agree that you are solely responsible for your conduct with respect to Mile-O-Meter, and you agree that you will not do any of the following in connection with Mile-O-Meter:
- Use Mile-O-Meter 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 policies established from time-to-time by SeagleWorks;
- Modify, adapt or hack Mile-O-Meter;
- Circumvent or attempt to circumvent any filtering, security measures or other features designed to protect Mile-O-Meter; and
- Infringe upon or violate the rights of SeagleWorks.
The following provisions do not limit the application of the Quebec Consumer Protection Act, if such legislation otherwise applies. SeagleWorks 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) Mile-O-Meter, nor is SealgeWorks liable for any mistakes, defamation, slander, libel, omissions, or other material you may encounter while using Mile-O-Meter. Your use of Mile-O-Meteris at your own risk.
Although SeagleWorks 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) Mile-O-Meter, SeagleWorks reserves the right, and has absolute discretion, to remove, screen or edit any user content posted or uploaded on Mile-O-Meter at any time and for any reason without notice. Any use of Mile-O-Meter in violation of the foregoing violates the Terms and may result in, among other things, termination or suspension of your rights to use Mile-O-Meter.
Ownership and Suppliers.
The service contains the valuable proprietary content of SeagleWorks, related data suppliers, and its licensors and is protected by copyright and other intellectual property laws and treaties. You agree not to use Mile-O-Meter except in its intended manner in accordance with the terms and conditions of the Terms.
Location Information
Mile-O-Meter 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 you are consenting to us collection, use, disclosure and storage of your location information.
You may revoke your consent with respect to Mile-O-Meter’s collection, use, disclosure and storage of your location information at any time by contacting support@mileometer.app 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, we 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, we will resume the collection of location information.
We take reasonable measures to protect your location information from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction.
Mile-O-Meter is for your use and to collect your location information. You may not use the app 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.
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.
Feedback
Any suggestions, comments or other feedback you give us about the Service will be our confidential information. We are free to use, disclose, reproduce, license, distribute and exploit this feedback as we see fit, without compensation to you or any obligation or restriction because of any intellectual property rights or otherwise.
Relationship with SeagleWorks
Your use of the Services does not create any other type of relationship between you and SeagleWorks, including but not limited to any agency, partnership, joint venture, or employment relationship, or any obligations by SeagleWorks to you or any other User except as otherwise expressly stated in these Terms or other written agreement signed by an authorized agent of SeagleWorks.
Disclaimers
THE SERVICE AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE (INCLUDING THIRD PARTY MATERIALS) ARE PROVIDED TO YOU ON AN AS-IS OR AS-AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE (INCLUDING 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.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR TO THE SERVICES OR ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES (INCLUDING THIRD PARTY MATERIALS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, BY STATUTE OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES OR ARE AWARE OF THE POSSIBILITY OF THESE DAMAGES; AND (B) THE AGGREGATE LIABILITY OF US, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING AS A RESULT OF OUR ALLEGED NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICES EXCEED ANY AMOUNTS PAID BY YOU TO US FOR THE SERVICES.
Indemnification
You will defend, indemnify, and hold us harmless from and against any actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys' fees, costs, penalties, interest, and disbursements) arising from or related to any conduct with respect to the Service or violation (or alleged violation) of these Terms or the rights of any third party by you or any person using your Mile-O-Meter account.
Changes to the Service
We reserve the right in our discretion to review, improve, change or discontinue, temporarily or permanently, the Service and/or any features, information, materials or content on the Service with or without providing notice to you. We will not be liable to you or any third party for any changes or discontinuance of the Service or any part of the Service.
Consent to Electronic Communications
By using the Service, you agree that we may communicate with you electronically regarding your use of the Service and that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communications be in writing. To withdraw your consent from receiving electronic notice, please notify us at support@mileometer.app.
Suspension and Termination
We may suspend or terminate your rights to access or use the Service for any reason or for no reason at all and with or without notice at SeagleWorks' discretion. All of the terms of these Terms (excluding our license grants to you) will survive any termination or suspension. You may cancel your account at any time by contacting us at support@mileometer.app.
Governing Law; Arbitration
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH SEAGLEWORKS AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM SEAGLEWORKS.
In the event of any controversy or claim arising out of or relating in any way to these Terms or the Service, you and SeagleWorks agree to consult and negotiate with each other and, recognizing your mutual interests, try to reach a solution satisfactory to both parties. If we do not reach settlement within a period of 60 days, then either of us may, by notice to the other, demand mediation under the mediation rules of the American Arbitration Association in San Francisco, California. We both give up our right to litigate our disputes and may not proceed to arbitration without first trying mediation, but you and SeagleWorks are NOT required to arbitrate any dispute in which either party seeks equitable and other relief from the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. Except as otherwise required under applicable law, you and SeagleWorks intend and agree: (1) not to assert class action or representative action procedures and agree that they will not apply in any arbitration involving the other; (2) not to assert class action or representative action claims against the other in arbitration or otherwise; and (3) will only submit individual claims in arbitration and will not seek to represent the interests of any other person or entity.
If settlement is not reached within 60 days after service of a written demand for mediation, any unresolved controversy or claim will be resolved by arbitration in accordance with the rules of the American Arbitration Association before a single arbitrator in San Francisco, California. The language of all proceedings and filings will be English. The arbitrator will render a written opinion including findings of fact and law and the award and/or determination of the arbitrator will be binding on the parties, and their respective administrators and assigns, and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The expenses of the arbitration will be shared equally by the parties unless the arbitration determines that the expenses will be otherwise assessed and the prevailing party may be awarded its attorneys' fees and expenses by the arbitrator. It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings will be concluded within 90 days from the date the arbitrator is appointed. The arbitrator may extend this time limit only if failure to do so would unduly prejudice the rights of the parties. Failure to adhere to this time limit will not constitute a basis for challenging the award. Consistent with the expedited nature of arbitration, pre-hearing information exchange will be limited to the reasonable production of relevant, non-privileged documents, carried out expeditiously.
General
Enforcement of these Terms is solely at SeagleWorks’s discretion. Failure to enforce any part of these Terms in some instances does not constitute a waiver of our right to enforce the same or other part of these Terms in other instances. If any provision of these Terms is or becomes unlawful, void or otherwise unenforceable (including the warranty disclaimers and liability limitations above), then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining provisions of these Terms will continue in full force and effect. As used in these Terms, "including" means "including (without limitation)." The section headings these Terms and are for reference purposes only and will not affect the meaning or interpretation of these Terms.
Contact Information
Any end-user questions, complaints or claims with respect to Mileometer should be directed to:
Email: support@mileometer.app