This website (“TERMS OF SERVICE”) contains the terms and conditions for the use of the MileageWise mileage log software as a service (“SOFTWARE PRODUCT”), the MileageWise Android or iOS mobile app (“MOBILE APP”), the website under the URL of www.mileagewise.com (“WEBSITE”) operated by MileageWise Inc. (“OPERATOR”) and its additional associated media, printed matter, and “online” or electronic documentation.
The TERMS OF SERVICE is a legally binding contract between you (as an individual or as a legal entity, hereinafter: “USER”/”USERS”) and the OPERATOR. By, in any form, using THE SOFTWARE PRODUCT, you agree to be bound by the terms of this document.
If you do not agree to the terms of this document, do not use the SOFTWARE PRODUCT, access the WEBSITE or use the MOBILE APP.
SOFTWARE PRODUCT LICENCE
This SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties and other intellectual property laws and agreements. Your use of the SOFTWARE PRODUCT as a service is permitted, the ownership, however, is not transferred to the USER.
1. Scope of the License
The present TERMS OF SERVICE grants you the following rights:
1.1. Application Software
You are authorized to use multiple copies of the SOFTWARE PRODUCT. You will have license permission for the license plate of activated (subscribed based on the current price list) cars, depending on the number of cars (and companies) listed and on the number of options available for the subscription period.
Each time you activate a license plate, you will use a license from the number of licenses you have subscribed to. In case of a car replacement due to depreciation, breakage, theft, or related to renting or leasing purposes, you will be entitled to a new license only after a manual check, and only in duly justified cases.
1.2. Prohibition of Copying Documentation
You may not use the documentation (descriptions, guidance documents, the Help section of the WEBSITE, user manuals) provided with the SOFTWARE PRODUCT for any other product.
The SOFTWARE PRODUCT (including, but not limited to, all images, photographs, animations, video, and audio recordings, music, text, trademark, data, and mini-applications that are part of the SOFTWARE PRODUCT), all printed documentation and all copies of the SOFTWARE PRODUCT are the property of the OPERATOR or its suppliers. The SOFTWARE PRODUCT is protected by international copyright agreements. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material. You may not copy the printed materials of the SOFTWARE PRODUCT.
The contents of the WEBSITE (eg trademark, text, data, video, audio, image, etc.), the appearance of the WEBSITE and the software used to operate the WEBSITE are the exclusive intellectual property of the OPERATOR, whether online, hard copy form or in any other way – may only be used with the prior consent (permission) of the OPERATOR.
Parts of the WEBSITE may only be saved or printed for your own (personal) use. The former right, however, does not constitute consent (permission) for the commercial reproduction, distribution, making available (downloadable), storage in a database or any modification of the downloaded material.
Images and other intellectual property on the WEBSITE may only be used by the USER or third parties with the permission of the rightsholder. Their unauthorized use violates copyright and privacy laws.
The USER shall be unconditionally and unlimitedly liable for any breach of the provisions of this clause.
3. Other Rights and Restrictions
3.1. Internal Structure Analysis, Reversal, Decryption
You may not reverse, decrypt or analyze (extract the source code from the object code) the internal structure of the SOFTWARE PRODUCT (its applications, databases and other components) unless the above restriction is expressly excluded or restricted by applicable law.
3.1. Object Code
You may not modify the original object codes and original documentation of the SOFTWARE PRODUCT applications and the database.
3.2. The Isolation of Components
The license is valid for the SOFTWARE PRODUCT as a single product. Its components cannot be isolated for use on more than one computer.
3.3. Redistribution of the SOFTWARE PRODUCT
Any redistribution of the SOFTWARE PRODUCT is strictly prohibited. Redistribution shall include the transfer to third parties (including network access and other forms of access) and the sale, rental, leasing or lending of the SOFTWARE PRODUCT.
3.4. Transfer of Rights
You are not entitled to transfer the copyright of the SOFTWARE PRODUCT and any other rights of the SOFTWARE PRODUCT to any third party.
3.5. Discounted Subscription
If the SOFTWARE PRODUCT is subscribed at a discount price (special offer/sale/etc), the discount cannot be combined with other discounts.
4. Product Support, Subscription Period
For the 30-day free trial period, the USERS are only entitled to create / print a valid document for the month in which they created their user account. Accessing all other months are subject to a fee.
The OPERATOR permits the use of the functions of the SOFTWARE PRODUCT with which retrospective mileage log creation is possible for SILVER package and above only.
Product support, customer support, and the use of the SOFTWARE PRODUCT are permitted only for the duration of your subscription.
The USERS are only entitled to prepare mileage logs for the months that fall within the subscription period. Use of the SOFTWARE PRODUCT for periods outside of the subscription period automatically constitutes a fee-based extension of the subscription package.
The Subscription Period can be extended with a 10% discount from the price list if the extension is ordered before the end of the previous subscription period and if the USER did not have any unpaid invoices before.
The Subscription Period begins no later than the date of ordering the program (or the start date of the retrospective order period), regardless of when you actually started (or have not started) using the program. The end of the Subscription Period (calculated based on the previous method) is also included in the final invoice.
The beginning of the extension period shall be deemed to have commenced from the end of the previous Subscription Period if the subscriber has received a package discount presented on the price list; however, if you receive a standard 10% discount as a subsequent returning subscribers, the date of the new order will be deemed to be the beginning of the subscription.
Use of the Product Support is governed by the policies described on the Help subpage of the WEBSITE, videos and/or other materials provided by the OPERATOR. Any additional software code provided to you as part of the Product Support will be considered part of the SOFTWARE PRODUCT and is subject to the terms and conditions of this TERMS OF SERVICE. As part of the Product Support, the OPERATOR may use the technical information the USER provided for its business purposes, including using it for product support and development purposes. The technical information will not be used by the OPERATOR in such a way as to infer the USERS’ identity.
Customer support is free of charge on working days from 9 am to 5 pm in all forms of communication that address specific, short questions regarding the use of the program, up to a maximum of 10 minutes per day. Our customer service is available to our customers who purchase priority customer service on weekends too and we prioritize their service during working hours as well.
The OPERATOR reserves the right to operate the SOFTWARE PRODUCT with 99% availability on a calendar year basis, with the remaining 1% will be used to maintain, repair, perform restoration or repair of planned or unexpected shutdowns of the SOFTWARE PRODUCT in whole or in part.
In case the USER violates the terms and conditions of these TERMS OF SERVICE, the USER’s access to the SOFTWARE PRODUCT will be terminated immediately.
6. Current legislation and regulatory provisions
This TERMS OF SERVICE for the SOFTWARE PRODUCT is governed by the law of the State of Florida.
7. Limited Warranty
The OPERATOR warrants that the SOFTWARE PRODUCT will be fully compliant with the accompanying written materials until the subscription period specified in paragraph 4 ends, and that any Product Support provided by the OPERATOR will comply with the relevant written materials provided to you by the OPERATOR and that the Product Support Specialists will make every effort to resolve any issues that may arise. Some states and jurisdictions do not allow you to limit the duration of any warranty included therein, so the above limitation may not apply to you.
8. Refund policy
The 60 Day Money Back Guarantee is only for our USERS who have met the payment deadline on their invoice (proforma invoice) when they first signed up for a new program, in the case of a renewal, or after any subsequent re-subscription, the guarantee will lapse. Another precondition is the commencement of a substantive usage for all the cars that have been subscribed, during which practical experience proves that the program does not fulfill its basic function against the legal requirements. In cases of Vis Major events (changes in relevant tax laws, state bankruptcy, changes in legislation, etc.), the manufacturer/reseller is not liable for repayment.
Furthermore, there is no obligation on the manufacturer/reseller to refund, in whole or in part, any change in the SOFTWARE PRODUCT delivering the service (update, upgrade, technological change, graphic change, data storage, etc.) as long as the original purpose of the subscription (creating mileage logs) is met.
The OPERATOR is not responsible for the content of the document produced by the USER (ie user-created data content, eg where s/he went), this is always the responsibility of the USER.
9. Payment Charge-Backs
The OPERATOR has a zero-tolerance policy regarding payment charge-backs and asks that the USER contacts the OPERATOR if s/he has an issue with any payment in relation to purchasing the SOFTWARE PRODUCT. However, if the USER starts a charge-back process with her/his bank or credit card company, the OPERATOR reserves the right to immediately terminate all of the USER’s access to the SOFTWARE PRODUCT and the MOBILE APP. The USER’s data and payment information provided will be blacklisted in the OPERATOR’s systems. Should the OPERATOR do this, the USER will never again be able to use the SOFTWARE PRODUCT and will be liable for any administrative costs the OPERATOR incurs in processing the charge-back.
10. Consumer Redress
The OPERATOR and its suppliers are solely responsible for, and the USER’s remedy is at the option of the OPERATOR, either (a) by refunding the subscription fee, if any, or (b) repairing the SOFTWARE PRODUCT. This limited warranty does not apply if the SOFTWARE PRODUCT is defective as a result of vis major events, insufficient execution technology environment, improper use, or non-use.
11. Lack of additional guarantees
Except to the maximum extent permitted by applicable law, neither the OPERATOR nor its suppliers acknowledge any other warranties or conditions, express or implied, including, but not limited to eligibility, suitability, and non-infringement of any warranty or condition relating to the SOFTWARE PRODUCT for commercial or any other specific purpose, or to the provision or failure of support services.
12. Limitation of liability
Except to the maximum extent permitted by applicable law, neither the OPERATOR nor its suppliers shall be liable for any special, incidental, consequential or indirect damages howsoever caused (including but not limited to business loss, business disruption, loss of business information or any other material loss) arising out of your use, inability to use, providing support service of the SOFTWARE PRODUCT or its failure to provide the service, even if the OPERATOR has been informed of the possibility of such damage. You bear the entire risk arising from your use, misuse, non-use or (non-) performance of the SOFTWARE PRODUCT.
13.1. The OPERATOR shall not be liable for any damage caused, in particular by a computer virus, to the USERS’ computer equipment or other property as a result of access, use of the Services, use of the WEBSITE or electronic mail. Based on the above, the USER is obliged to provide adequate virus protection before downloading the documents and information on the WEBSITE.
13.2. The OPERATOR shall not be liable for any behavior (in particular damage) resulting from the unauthorized use of the WEBSITE/Service.
13.3. The USER has unconditional and unlimited liability to both the OPERATOR and any third party for the truthfulness and lawfulness of the data and information provided by the USER. The USER has an unlimited obligation (liability) for damages resulting from a violation of the above provision.
13.4. You may not use any system or solution that interferes with or may cause the servers used to operate the WEBSITE or otherwise endanger or compromise the operation of the WEBSITE.
13.5 The OPERATOR does not examine the content of the sites to which it provides a link. The OPERATOR assumes no responsibility for the content of these off-sites. The risk of opening any off-site (linking) shall be borne by the USER. The WEBSITE may contain links (hyperlinks) to internet sites that are independent of the OPERATOR and for which the OPERATOR assumes no responsibility, especially for violations of law or damage caused by third parties or websites.
The OPERATOR reserves the right to make changes to the content of the WEBSITE and these TERMS OF SERVICE at any time. The current TERMS OF SERVICE is available to the USER under the “Terms of Service” section of the WEBSITE.
You agree to indemnify, defend and hold harmless the OPERATOR and its partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates, from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of our Legal Terms or your use of our WEBSITE.
Any legal controversy or legal claim arising out of or relating to the WEBSITE, the SOFTWARE PRODUCT or the MOBILE APP excluding legal action taken by the OPERATOR to collect or recover damages for, or obtain any injunction relating to, your interference with the WEBSITE, SOFTWARE PRODUCT or the MOBILE APP operations or infringement of the OPERATOR’s intellectual property, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted before a single arbitrator selected at random by the Association, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. We may seek any interim or preliminary relief from a court of competent jurisdiction within the State of Washington or elsewhere as necessary to protect the rights or property of the USER and the OPERATOR pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs, though the prevailing party may seek return of its fees and costs, including reasonable attorney fees.
16. General Terms
Any cause of action by the USER with respect to the WEBSITE, SOFTWARE PRODUCT or MOBILE APP must be instituted within six (6) months after the cause of action arose or be forever waived and barred.