Mobile Application Terms & Conditions
These Mobile Application Terms and Conditions apply to your use of the TSOA Mobile App. You may only use the Mobile App if the individual or entity on whose behalf you are accessing the Mobile App (“Driver”) has executed an Independent Contractor Agreement (“Agreement”) with TSOA. Use or downloading of the Mobile App is conditioned on acceptance of the terms and conditions of the Agreement and this agreement. By using or downloading the App, you agree to such terms and conditions.
We reserve the right to change the terms of these Mobile App Terms and Conditions at any time by posting revised terms by including them in the Mobile App; provided, that, we will endeavor to provide you with prior notice of any material changes. By CLICKING “I ACCEPT” OR BY OTHERWISE ACCESSING OR USING THE MOBILE APP, YOU AGREE THAT (1) YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND, BY THE FOLLOWING TERMS AND CONDITIONS (THE “TERMS”), (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH TRANSPORT SOLUTIONS OF AMERICA, LLC (“TSOA”), AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS PERSONALLY OR ON BEHALF OF DRIVER, AND TO BIND THAT DRIVER TO THE TERMS. IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU MAY NOT USE THE MOBILE APP.
Effective Date: August 18, 2023
DEFINITIONS
“Device” means an Apple iOS-based, Google Android-based computing tablet, or such other computing tablet using a hardware platform and operating system supported for use of the TSOA Mobile App.
“Mobile App” means the mobile application made available by TSOA for installation on a Device owned or controlled by Driver or its authorized users.
MOBILE APP LICENSE TERMS
All content, features, and functionality of the Mobile App are the property of TSOA and are protected by copyright, trademark, and other intellectual property laws.
TSOA hereby grants you, and you hereby accept, subject to the terms and conditions of the Agreement and these Terms, an internal, non-exclusive and nontransferable license to download and use the Mobile App and any applicable documentation provided by TSOA on a compatible Device solely for its intended purpose as described in such documentation and as permitted by these Terms.
Except as expressly permitted in these Terms, you shall not: (a) reverse assemble, reverse engineer, decompile, or otherwise translate, use, copy, modify, prepare derivative works from, transmit or distribute by any means any portion of the Mobile App; (b) rent, lease, sublicense or transfer the Mobile App or the use thereof to any third party; (c) charge, or allow others to charge, any third party for use of the Mobile App; or (d) use the Mobile App in the operation of a time-sharing arrangement, or otherwise allow direct or indirect use of the Mobile App (including via the Internet), nor rent, lease or otherwise transfer rights to the Mobile App; (e) defeat or attempt to defeat any security mechanism of the Mobile App or knowingly permit any third party to do so; (f) use the Mobile App to store, send, or provide access to obscene or otherwise illegal materials or to store, send, or provide access to materials that would infringe upon any intellectual property rights or violate any privacy rights of any third party; (g) use the Mobile App in any other manner that does not comply with applicable laws, rules, and regulations; (h) use the Mobile App to store or transmit malicious or disruptive code; (i) copy the Mobile App or any part, feature, function or user interface thereof or frame or mirror any part of any Software; or (j) access or use the Mobile App for benchmarking or similar competitive analysis purposes or in order to build a competitive product or service; or (k) breach TSOA’s Data Privacy Policy. The Mobile App may contain or rely on components that are owned by TSOA or third parties and have been licensed to TSOA. You may not use the components other than your use of the Mobile App as expressly permitted by these Terms.
PRIVACY
The Mobile App may collect information concerning its use, including information submitted by you or transmitted automatically as the Mobile App is used, including location information, time stamp, Device and OS identification, Mobile App usage data, login credentials, and other information as may be described in TSOA’s Data Privacy Policy. Your mobile device’s GPS signal must be enabled at all times to allow TSOA to access real-time information about the location of your device and the corresponding vehicle. In any event, TSOA may use such information as stated in TSOA’s Data Privacy Policy to manage and track your login process, for security, auditing, the provision of services and functionality through the Mobile App, product improvement, for communicating to Driver and/or you the availability of updates to the Mobile App and information regarding other TSOA products and services, and as otherwise permitted in the Agreement.
USER ACCOUNTS
Account Creation. In order to use certain features of the Mobile App, you may be required to create a user account. By creating an Account you accept these Terms, and you agree to use only the then current version of the App in its unaltered, as published state on a compatible mobile device. You are responsible for maintaining the confidentiality of your account credentials and for any activity that occurs under your account.
Account Termination. TSOA reserves the right to terminate or suspend your account at its discretion, without notice, if you violate these Terms or engage in any unauthorized or harmful activity.
SAFE AND APPROPRIATE USE
While you are using the Mobile App, please be aware of your surroundings, and drive and communicate safely. You agree that your use of the Mobile App is completely at your own risk, that you will not use the Mobile App to violate any applicable law or regulation, and that you will not encourage or enable any other individual to do so.
LIMITATION OF LIABILITY
In no event will TSOA be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of your use, access, or failure to access, the App, including loss of profit or the like whether or not in the contemplation of the parties, whether based on breach of warranty, contract, tort (including negligence), product liability or otherwise. TSOA is not liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld device, or mobile telephones as a result of the installation or use of the Mobile App. This limitation applies whether damages arise from use or misuse of and reliance on this App, from inability to use this App, or from the interruption, suspension, or termination of this App (including any damages incurred by third parties); and applies notwithstanding a failure of the essential purpose of any limited remedy and to the fullest extent permitted by law.
WARRANTY DISCLAIMER
TO THE FULLEST EXTENT PERMITTED BY LAW, THE MOBILE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND YOU USE IT AT YOUR SOLE RISK. TSOA EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY ARISING UNDER USAGE OF TRADE, COURSE OF CONDUCT OR OTHERWISE. WITHOUT LIMITATION, TSOA MAKES NO WARRANTY THAT THE MOBILE APP WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE MOBILE APP WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF THE MOBILE APP OBTAINED WILL MEET YOUR EXPECTATIONS, OR PRESERVE YOUR DATA. TO THE FULLEST EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE MOBILE APP REMAINS SOLELY WITH YOU.
TERM AND TERMINATION
These Terms continue for so long as an Agreement is in effect with Driver.
FEEDBACK ON THE MOBILE APP
You may choose to submit comments, bug reports, ideas or other feedback about the Mobile App, including without limitation about how to improve the Mobile App (“Feedback”) to support@tsoa.com. By sending any Feedback, you agree that we are free to use and distribute such Feedback at our discretion and without any compensation to you, whether on a non-confidential basis or otherwise. You hereby grant us a perpetual, irrevocable, non-exclusive, worldwide license under all rights necessary for us to incorporate and use your Feedback for any purpose.
CHANGES TO THESE TERMS AND UPDATES TO THE APP
TSOA may from time to time in its sole discretion develop and provide Mobile App updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your mobile device settings, when your mobile device is connected to the internet either: (a) the Mobile App will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Mobile App and be subject to all terms and conditions of this Agreement.
GOOGLE PLAY APPLICATIONS
The following applies if you access or download the Mobile App through or from the Google Play Store (“Google-Sourced Software“): (i) you acknowledge that these Terms are between you and TSOA only, and not with Google, Inc. (“Google“); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) TSOA, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms; and (vi) you acknowledge and agree that Google is a third-party beneficiary to these Terms as it relates to TSOA’s Google-Sourced Software.
APPLE DEVICES
This Section 11 only applies to the extent you are using the Mobile App on an iOS device. You acknowledge that these Terms are between you and TSOA only, and not with Apple, Inc. (“Apple”), and Apple is not responsible for the Mobile App and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Mobile App. In the event of any failure of the Mobile App to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant Mobile App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Mobile App. Apple is not responsible for addressing any claims by you or any third party relating to the Mobile App or your possession and/or use of the Mobile App, including, but not limited to: (i) product liability claims; (ii) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Mobile App or your possession and use of the Mobile App infringes that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Mobile App. Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms. You hereby 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. If Company provides a translation of the English language version of these Terms, the translation is provided solely for convenience, and the English version will prevail.