Terms of Use | Cartin.app

Terms of Use - Cartin.app

THESE TERMS OF USE (the “TOU”) shall govern your rights and obligations regarding the use

of the CARTIN’ application (the “App”) and/or associated website www.cartin.app (the “Site”).

The App and the Site shall collectively be referred to herein as the “Service.” These TOU

constitute a fully binding agreement between you, and JCA Technologies LLC (“JCA”, “Us”,

“Our”, or “We”) who is the sole and exclusive proprietor of any and all rights in and to the

Service. We strongly recommend that you carefully read these TOU. The Service is provided

by JCA Technologies LLC, located in the State of Florida.

By using JCA’s Service, you acknowledge and agree to these TOU, as well as JCA’s Privacy

Policy (“Privacy Policy”). Before accessing or using our Products and/or Services, please

ensure that you have read the Privacy Policy carefully, and understand how we collect, store,

use, and disclose your personal information as described herein.

These TOU explain what you can expect from us and what we can expect from you in

connection with your use of the Service. By accessing or using the Service (including by

downloading any mobile application we may offer from time to time), you signify that you have

read, understood, and agree to be bound by these TOU, whether or not you are a registered

user of our Service. These TOU apply to all visitors and subscribers who access or use the

Service.

PLEASE READ THIS TOU CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH

PROVISION, AS THIS TOU CONTAINS IMPORTANT INFORMATION REGARDING YOUR

LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS

AND EXCLUSIONS ON DAMAGES YOU MAY CLAIM AGAINST US AND INDEMNIFICATION

OBLIGATIONS YOU MAY OWE TO US. THIS AGREEMENT CONTAINS A MANDATORY

ARBITRATION OF DISPUTES PROVISION THAT, EXCEPT WHERE PROHIBITED BY

APPLICABLE LAWS, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS

TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

BY ACCESSING OR USING THE SERVICE, YOU INDICATE YOUR CONSENT TO THIS TOU

AND TO THE PRIVACY POLICY.

ABOUT THE SERVICE

The Service is a social navigation app that allows drivers to navigate to their desired destination.

It allows drivers and users to assemble and update maps to reflect road conditions and

occurrences on them, such as traffic congestions, road accidents, police roadblocks, etc. The

Service is provided mainly through the App.

IMPORTANT INFORMATION

The following important information of these TOU are highlighted for your convenience only.

These points are not meant to replace the full TOU and do not supersede or override any other

TOU or conditions provided by JCA.

• Road information takes precedence. The navigation information provided by the Service is

not intended to replace the information available on the road, such as travel directions, time-

based restrictions, lane restrictions, road blockades, traffic signs, traffic lights, police

instructions, and so on. You should always be aware of, and abide by, all posted speed limit

and all other applicable traffic signs (this is because things like road construction and web-

based information may not always being current and/or accurate).

• Always drive cautiously and adhere to road conditions and traffic laws. It is strictly prohibited

to send traffic updates (like updates on road accidents or traffic congestion) or engage in any

non-verbal interaction with the Service or use the Service in a non-verbal manner for any

purpose other than navigation while driving. Traffic updates or non-verbal reports you want to

submit to the Service can only be sent after you have stopped your vehicle in a lawful location.

Alternatively, such updates can be sent by a passenger other than the driver, provided it does

not interfere with the safe driving course and does not distract the driver’s attention from the

road.

• The navigation information provided by the Service is not continuous. It originates from other

users of the Service and is inherently fluctuating, potentially inaccurate, incomplete, or outdated.

JCA does not provide any warranties (implied or expressed) of any kind whatsoever regarding

the credibility or reliability of this navigation information.

• Low Speed Vehicles (“LSV”) typically do not meet the safety features of standard vehicles

(e.g., airbags, doors, lights, etc.), nor do LSV’s have the robust structural and/or safety

precautions to handle impact. You should aways be careful and cautious when operating your

LSV. Driving a LSV recklessly or irresponsibly can lead to extreme bodily harm and even

death. You should always think twice before making the decision to drive your LSV on public

roadways. It can be extremely dangerous.

• Location-based features of the Service utilize detailed location and route information, such

as GPS signals and other data sent by your mobile device when the App is installed and

activated. These features cannot be provided without utilizing this technology. For more details,

please refer to our Privacy Policy.

• JCA allows you to use the Service whether or not you choose to set up a username/account

for yourself. If you choose to use the Service without setting up a username/account you may

do so by skipping the username/account setup stage of the application installation process.

However, please note that JCA will still link all of your information with your account and a

unique identifier generated by JCA in accordance with the Privacy Policy. Note that in order to

access certain features of the Service (for example map editing, ranking, moods) you will need

to set up a username/account.

• Advertisements. Advertisements may appear on the Service from time to time. JCA does not

endorse these advertisements, and the advertisements are not intended to be, nor should they

be, viewed by drivers unless and until their vehicle has come to a complete stop.

• The Internet connection required to use the Service, and any associated charges (e.g.

mobile data expenses) incurred by your use of the Service are your exclusive

responsibility and made solely at your expense. Transmitting and receiving real-time

updates to and from the Service, requires an online (e.g. Wi-Fi, 3G, 4G) connection between

your cellular device and the Internet. The expenses of such connection are as prescribed by the

agreement between you and your communication service provider (such as your cellular

company), and according to their applicable terms of payment.

• Your age: The Service is intended for use by users who are of the legal age required to hold

a driving license. In any case, to use our Service you must be sixteen (16) years of age or older.

Anyone under sixteen (16) years of age is strictly prohibited from creating an account for the

Service without explicit parental consent (or other age to the extent that your jurisdiction

requires). If JCA is notified or has a reasonable belief that a username/account belongs to a

user who is under the age of sixteen (16) years, the account will be deleted without further

notice.

By providing consent for a child who is under the age of sixteen (16) years to use the

Service, parents and guardians agree to: (i) be fully responsible for and exercise oversight of

the child’s use of the Services, including ensuring that such use is always in accordance with

this TOU, all documents referenced in this TOU, and all applicable laws; (ii) to be fully

responsible and liable for the child’s compliance with this TOU and the child’s use of the

Services; and (iii) to be fully responsible for the disclaimers, waivers, and limitations of liability

set out in this TOU on your own behalf and on the child’s behalf, and all references to “you” or

“your” throughout this TOU will be deemed amended to include your child or your ward, as

applicable. The Service is not available to any person previously removed from the Service by

JCA.

USING THE SERVICE

You may use the Service solely for private and personal purposes. You may not use the Service

commercially. For example, you may not: (i) offer to third parties a service of your own that uses

the Service; (ii) resell the Service; (iii) offer to rent or lease the Service; or (iv) offer the Service

to the public via communication or integrate it within a service of your own, without the prior

written consent of JCA. For clarity, the examples listed are made for illustrative purposes only;

they do not constitute an exhaustive list of restricted activities involving the Service. You may not

copy, print, save, or otherwise use data from the Service’s database. This clause

does not limit the use of the database as intended by the Service and for the purposes of private

and personal use of the Service.

When using the Service, you may not engage in scraping, data mining, harvesting, screen

scraping, data aggregating, and indexing. You agree that you will not use any robot, spider,

scraper, or other automated means to access the Service’s database for any purpose without

the express prior written permission of JCA.

The Service may not be used in any way that is not expressly permitted by these TOU.

GRANT OF LICENSE

JCA hereby grants you a free of charge, non-exclusive, time-limited, non-transferable, non-sub-

licensable, revocable license to use the Service (including the App) on a single device that you

own or control for your personal, non-commercial use only, and as permitted by the features of

the Service, subject to these TOU. JCA reserves all rights of any kind whatsoever, not expressly

granted herein, in the Services. JCA may terminate this licensed right at any time if you

materially or repeatedly fail to comply with any of the provisions set out in this TOU or directions

provided by our representatives, for any reason outside of our control, or if we stop providing the

Service.

By posting any information (or Content as defined below) on the Service, you expressly grant,

and you represent and warrant that you have all rights necessary to grant, to JCA a royalty-free,

sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use,

reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate,

publicly perform, publicly display, and make derivative works of all such information, and your

name, image, voice, and/or likeness as contained in your username/account, in whole or in part,

and in any form, media or technology, whether now known or hereafter developed, throughout

the universe in perpetuity, for use in connection with operating, developing, marketing,

providing, and improving the Service.

YOUR USER CONTENT

The Service allows you to submit and post information and content to other users (“Content”).

Content is separate from advertisements that may appear on the Service. Content can include,

for example, map and road updates, traffic congestion updates, road accidents, etc. You

assume sole responsibility for any Content you post and you alone are liable for the

consequences when you post Content. You Content shall become a part of the Service as per

the license granted pursuant to these TOU.

ALWAYS DRIVE VIGILANTLY ACCORDING TO ROAD CONDITIONS AND IN

ACCORDANCE WITH TRAFFIC LAWS. IT IS STRICTLY FORBIDDEN TO SEND ANY

CONTENT, INCLUDING, WITHOUT LIMITATION, TRAFFIC UPDATES (SUCH AS UPDATES

ON ROAD ACCIDENTS AND TRAFFIC CONGESTION), WHILE DRIVING. YOUR CONTENT

SUBMISSIONS MAY ONLY BE SENT AFTER YOU HAVE STOPPED YOUR VEHICLE IN AN

APPROPRIATE LOCATION PERMITTED BY LAW. ALTERNATIVELY, CONTENT MAY BE

SENT BY A PASSENGER OTHER THAN THE DRIVER, PROVIDED IT DOES NOT

INTERFERE WITH THE DUE COURSE OF DRIVING AND DOES NOT DISTRACT THE

DRIVER.

FORBIDDEN CONTENT POSTS

It is forbidden to submit Content of a commercial nature (including advertising), unless such

posts pertain to JCA, the Service, or JCA’s products, and such Content strictly complies with

these TOU.

When you submit Content to be published by the Service, you must make sure it is lawful. For

example, you may not submit Content that:

• is diminishing or infringing proprietary rights of others, including but not limited to copyright

and trademarks;

• poses a risk to a person’s safety, security or health; identifies other persons without obtaining

such person’s express written consent to the disclosure of their personal information, or pertains

to minors and identifies minors or their personal information, including their full name, age,

address or contact information;• is unlawful, defamatory, libelous or invades the privacy of others;

is harassing, offensive, threatening or vulgar; is characterized by, or that encourages racism or

unlawfully discriminates on the basis of race, origin, ethnicity, nationality, religion, gender,

occupation, sexual orientation, illness, physical or mental disability, faith, political view or

socio-economical class;

• encourages criminal behavior or conduct that would constitute a criminal offense under any

law, or could give rise to civil liability or other lawsuit;

• promotes pyramid schemes, chain letters or disruptive commercial messages or

advertisements, or anything else prohibited by law or under these TOU;

• falsely expresses or implies that such content is sponsored or endorsed by JCA.

The foregoing examples of unlawful Content are made solely for illustrative purposes and do not

constitute an exhaustive list of restricted Content.

JCA may decline to publish, or immediately delete any Content you submit if you or the Content

have violated these TOU, or if you engaged in any act or omission that is harmful or may be

harmful to the Service, its users, JCA, or any of its agents or affiliates. In such cases, JCA may

also terminate your access to the Service or prevent you from posting additional Content on the

Service. The provisions of this clause are made in addition to any additional rights afforded to

JCA by any law.

USE RESTRICTIONS

There are certain types of conduct that are strictly prohibited on the Service. Please read the

following restrictions carefully. Your failure to comply with the provisions set forth below may

result, in JCA’s sole and absolute discretion, in the termination of your access to the Service

and may also expose you to civil and/or criminal liability.

You may not, whether yourself or through any other means or person:

(i) copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any

portion of the Service, or in any way or publicly display, perform, or distribute them;

(ii) make any use of the Service on any other website or networked computer

environment for any purpose, or replicate or copy the Service without JCA’s prior written

consent;

(iii) create a browser or border environment around the Service (e.g. no frames or inline

linking);

(iv) interfere with or violate any third party or other user’s right to privacy or other rights,

including copyrights and any other intellectual property rights of others, or harvest or collect

personal information about visitors or users of the Service without their express consent,

including using any robot, spider, site search or retrieval application, or other manual or

automatic device or process to retrieve, index, or data-mine;

(v) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others,

including others’ copyrights, and other intellectual property rights;

(vi) transmit or otherwise make available in connection with the Service any virus, worm,

Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that

may or is intended to damage or hijack the operation of any hardware, software, or

telecommunications equipment, or any other actually or potentially harmful, disruptive, or

invasive code or component;

(vii) interfere with or disrupt the operation of the Service, or the servers or networks that

host the Service or make the Service available, or disobey any requirements, procedures,

policies, or regulations of such servers or networks;

(viii) sell, license, or exploit for any commercial purposes any use of or access to the

Service;

(ix) frame or mirror any part of the Service without JCA’s prior express written

authorization;(x) create a database by systematically downloading and storing all or any information of

any kind from the Service;

(xi) forward any data generated from the Service without the prior written consent of

JCA;

(xii) use profanity and/or inappropriate language while using the Service, and specifically

when submitting reports or communications with other users of the Service;

(xiii) intentionally submit false reports and/or map edits on the Service;

(xiv) transfer or assign your Service accounts’ password, even temporarily, to a third-

party;

(xv) use the Service for any illegal, immoral, or unauthorized purpose;

(xvi) use the Service for non-personal or commercial purposes without JCA’s express

prior written consent; or

(xvii) infringe or violate any of these TOU.

EXAMINATION OF YOUR CONTENT

JCA may examine the Content before or after its publication, prevent publication of

inappropriate or otherwise inadequate or erroneous Content, or remove such Content after its

publication. JCA does not normally utilize its right to monitor Content and does so only in rare

cases. JCA retains sole discretion in determining which Content will be published, the duration

of its publication, its location, how and when it appears on the Service, its design and any other

matter pertaining to the publication of Content within the Service. JCA does not guarantee that

all Content will be published, in general or for any limited time. Content submitted by you and

other users for publication does not reflect the views of JCA. Publishing Content does not

warrant its validity, reliability, accuracy, legality, or it being up to date. If you choose to give us

feedback, such as suggestions to improve our Service, we may act on your feedback without

obligation to you.

RIGHTS IN YOUR CONTENT

When you submit Content to be published on the Service, you represent and warrant that you

own all intellectual property rights in and to the Content, that you are permitted to publish the

Content, and that you permit JCA to publish the Content and exploit all intellectual property

rights in and to the Content. JCA receives no ownership rights in and to the Content that you

submit. However, by submitting Content to JCA, you hereby grant JCA and the users of the

Service an irrevocable, worldwide, perpetual, non-exclusive, royalty-free, sub-licensable and

transferable license to use, copy, distribute, prepare derivative works, display in public and

publicly perform the Content whether in connection with the Service or otherwise. The license

granted to JCA in and to the Content you submit is not limited to personal use, but also extends

to any commercial use of Content, at JCA’s sole and absolute discretion. However, other users

may only use your Content for non-commercial purposes, unless JCA provides them with a prior

written consent to use your Content for commercial purposes (for the purpose of which you

authorize JCA to be your agent).

All intellectual property rights in and to the Service and its database, including, without limitation,

copyrights, trademarks, industrial designs, patents, trade secrets, information, software, images,

text, graphics, illustrations, logos, service marks, photographs, audio, videos, music, content,

reports, features, functionality, design, presentation, analyses and data that is otherwise

generated, collected or transmitted through the Service, are either the sole and exclusive

property of JCA or its affiliates, or are exclusively licensed to JCA. The Service is protected,

among others, by Copyright Laws of the United States of America as well as by applicable

“JCA”, the JCA logo, “Cartin’”, the “Cartin’ logo, and other trade and/or service marks are the

sole and exclusive property of JCA or its affiliates, and you may not use such logos or marks for

any purpose that is not expressly authorized in these TOU without the prior written consent of

JCA.

The design, trade dress, and the ‘look and feel’ of the maps of the Service are protected works

under applicable copyright laws and JCA and its affiliates retain all intellectual property rights in

and to the Service. The license granted to you in these TOU does not extend to or include a

license to use the maps displayed on the Service or any mark, indicator, logo or notation

embedded in the maps that are displayed on the Service. You may not copy, or print more than

one copy, of any data or material appearing on the Site.

JCA may protect the Service by technological means intended to prevent unauthorized use of

the Service. You undertake not to circumvent these means. Without derogating from JCA’s

rights under these TOU, or under any applicable law, you are advised that any attempted or

actual infringement of this provision will result in the termination of all your rights under these

TOU. If you circumvent any of the means taken by JCA to protect the Service from unauthorized

use, you must immediately cease any and all use of the Service, and you undertake to do so.

COMMUNICATIONS

To provide the Service to you, we sometimes send you service announcements and other

information. To learn more about how we communicate with you, see JCA’s Privacy Policy.

TERMINATION OF USE OF THE SERVICE

We may, without prior notice, change the Services; stop providing the Services or any features

of the Services, to you, or create usage limits for the Services, in order to make performance or

security improvements, to comply with the law, or to prevent illegal activities on or abuse of our

Services, or if elements of the Services are no longer able to be provided by us (for example, if

an underlying Third Party Service Provider no longer provides them). JCA reserves the right to

block your access to the Service and discontinue your use of the Service, at any time and for

any reason JCA deems appropriate, at its sole and absolute discretion. We may permanently or

temporarily terminate or suspend your access to the Services without notice and liability if in our

reasonable opinion, e.g.: (i) you materially or repeatedly violate any provision of this Agreement,

(ii) if your account has been inactive for twelve (12) months or more, or (iii) for any reason

outside our control or if we stop providing the Services.

You may terminate your use of the Service at any time and for whatever reason. You are not

obligated to advise JCA of such termination. However, if you would also like JCA to delete your

JCA account and your personal information contained in the account, please contact JCA with

such request in writing whether through the App or via JCA’s customer service representative

contact. Upon receiving such a request, JCA will use reasonable efforts to delete such

information. However, please note that information may not be deleted immediately from our

back-up systems. For more information, please read our Privacy Policy.

DOWNLOADING THE APP

When you download our App from the Apple App Store, Google Play, or other app store or app

distribution platform (an “App Store”), you acknowledge and agree that:

(i) these Terms are concluded between us, and not with the App Store, and that we (not

the App Store), are solely responsible for our App;

(ii) the App Store has no obligation to furnish any maintenance and support services with

respect to our App or handle any warranty claims;

(iii) the App Store is not responsible for addressing any claims you have relating to our

App, including product liability claims, consumer protection claims, intellectual property

infringement claims, or any claim that our App fails to conform to any applicable legal or

regulatory requirement; and,

(iv) the App Store is a third-party beneficiary of these Terms and has the right to enforce

these Terms against you (as it relates to your license of our App through their App Store). You

must also comply with the App Store's terms of service when using our App.

EXPORT CONTROL

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.

SECURITY

JCA cares about the integrity and security of your personal information. However, we cannot

guarantee that unauthorized third parties will never be able to defeat our security measures or

use your personal information for improper purposes. You acknowledge that you provide your

personal information at your own risk.

BILLING AND PAYMENT TERMS

This section provides additional policies and information regarding JCA’s billing practices,

pricing, and payment terms.

(a) Billing Policies

If you choose to utilize subscription features for use of the Service, you acknowledge and agree

to the pricing and payment terms displayed when you subscribe. JCA reserves the right to

introduce new features that may incur additional fees and charges, or modify existing fees and

charges for existing services, at any time in our sole discretion. Any changes to our pricing or

payment terms will only apply to you and will become effective in the billing cycle following at

least 30 days’ notice to you.

JCA is not responsible for all the mobile data usage resulting from the use of the Service. For

any questions related to billing, please consult your mobile network provider, as data rate

charges and limits may apply.

(b) Pricing and Payment Terms

All subscription fees, including applicable taxes and other charges, are payable in advance at

the beginning of your subscription term. Additionally, these fees will be charged at the then-

current subscription fee at the start of each subsequent billing period.

You may have the option to pay your subscription fee on a 4-day only basis ("4-day Subscription”),

a monthly basis (a Monthly Subscription”), or on an annual basis (an “Annual Subscription").

Your subscription with us will automatically renew until you cancel it. If you have

a 4-day Subscription, we (or our third-party payment processor) will automatically charge you upon

commencement of the 4-day Subscription, and the period of use of the Service shall be limited to 4

days only, after which time the Service will automatically terminate. If you have a Monthly Subscription,

we (or our third-party payment processor) will automatically charge you

each month on the anniversary of the commencement of your Monthly Subscription, using the

payment information you have provided until you cancel your Monthly Subscription. If you have

an Annual Subscription, we (or our third-party payment processor) will automatically charge you

annually on the anniversary of the commencement of your Annual Subscription, using the

payment information you have provided, until you cancel your Annual Subscription. If you have

an Annual Subscription, we will send you a reminder at least thirty (30) days prior to each

renewal with the then-current Subscription Fee. We may send additional reminders for other

subscriptions as required. We reserve the right to change our subscription fees for 4-day, Monthly, and/or

Annual Subscriptions fees at any time for any reason. We will provide you advance

notice of any increase in the subscription fees applicable to your subscription.

If you modify or upgrade your subscription plan, your billing date may also change. If you

change from a Monthly Subscription to an Annual Subscription, on your next billing date

you will be charged the then-current subscription fee for the Annual plan, and your Annual Subscription

will automatically renew on a n annual basis. If you decide to change from an Annual Subscription to a

Monthly Subscription, at the next renewal date for your Annual

Subscription, you will be charged the then-current subscription fee for the Monthly Subscription

which will automatically renew on a monthly basis.

(b) Payment Methods

JCA accepts most major credit and debit cards. It also accepts in-app payments from third-party

platforms like Apple or Google. If JCA encounters an issue with charging your card (e.g., an

expired credit card), JCA will notify you to update your card information. You’ll have a seven (7)

day grace period to update your billing details. If the account remains unupdated within this

period of time, JCA may terminate your subscription immediately.

By purchasing a subscription (each a “Transaction”), you explicitly authorize us (or our third-

party payment processor) to charge you for such Transaction. We may request additional

information relevant to your Transaction, including your credit card number, expiration date,

email, and postal addresses for billing and notifications. This information, known as “Payment

Information,” represents the legal right to use all payment methods you provide. You

acknowledge and agree that we have no liability of any kind whatsoever for any actions or

omissions by your payment provider.

When initiating a Transaction, you authorize us to share your Payment Information with third

parties to complete the transaction and charge your payment method for the selected type of

transaction (plus applicable taxes and other charges). You may need to provide additional

information to verify your identity before completing the transaction. This information is included

within the definition of Payment Information.

JCA is not liable for any charges or expenses you incur due to charges billed by JCA in

accordance with this Agreement (e.g., overdrawn accounts or exceeding credit card limits). By

providing a credit card number or other payment method with advance authorization features

(e.g., certain PayPal accounts or in-app payments from third parties like Apple or Google), you

grant JCA permission to continue charging the payment method for all charges due to JCA,

including taxes, until your account is settled and your subscription is terminated by either you or

JCA. JCA, in its sole discretion, reserves the right to limit the number of accounts that may be

charged to a credit card or other payment or identification method per unique user.

Subscription prices may change periodically to reflect inflation or evolving business

requirements. If such a change occurs and you currently have a subscription, JCA will provide

you with advance notice via email (or, if you haven’t provided a valid email address, through the

Services or another available method) before the price change takes effect. If you no longer

wish to continue at the new price, you can cancel your applicable subscription plan before the

price increase becomes active by following the instructions in the Section below (Cancel Your

Subscription or Close Your Account).

You can cancel your subscription and account anytime, as per the Section below (Cancel Your

Subscription or Close Your Account). However, except as specified in that Section or prohibited

by applicable law, there are no refunds for unused time on a subscription, any license or

subscription fees for a portion of the Service, any content or data associated with your account,

or for any other charges. When you cancel any features, your subscription remains valid, and

you’ll continue to access those features until the end of your current paid period. For instance, if

you buy an annual subscription and cancel it two (2) months into the year, you won’t receive a

refund for the remaining months. Instead, you’ll enjoy the features for the ten (10) months

you’ve already paid for.

(d) Payment Information; Taxes

All information that you provide in connection with a purchase or Transaction or other monetary

transaction interaction with the Service must be accurate, complete, and current. You agree to

pay all charges incurred by users of your credit card, debit card, or other payment method used

in connection with a purchase, or Transaction, or other monetary transaction interaction with the

Service at the prices in effect when such charges are incurred. You will pay any applicable

taxes, if any, relating to any such purchases, Transactions, or other monetary transaction

interactions.

CANCEL YOUR SUBSCRIPTION OR CLOSE YOUR ACCOUNT

You can cancel your subscription or close your account at any time, subject to the terms of this

TOU.

If you purchased a subscription through the Apple App Store or Google Play Store, you

must cancel your subscription and recurring payments in those app stores to avoid

future charges.

LIMITATION OF LIABILITY AND WARRANTY

THIS SERVICE IS PROVIDED BY THE JCA AND ITS AFFILIATES FOR “USE ON AN AS IS"

AND “AS AVAILABLE” BASIS. THE SERVICE CANNOT BE CUSTOMIZED TO FULFILL

THE NEEDS OF EACH AND EVERY USER. JCA HEREBY DISCLAIMS ANY AND ALL

EXPRESS OR IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, BUT NOT

LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A

PARTICULAR PURPOSE, FEATURES, QUALITY, NON-INFRINGEMENT, TITLE,

COMPATIBILITY, PERFORMANCE, SECURITY, OR ACCURACY. IN NO EVENT SHALL JCA

OR ITS AFFILIATES EVER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,

SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT

LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,

DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY

THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT

(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF

THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Additionally, and without derogating from the above clause, JCA disclaims any warranties

relating to the accuracy of the maps, Content, road conditions, driving directions, or navigation

routes presented or displayed in or by the Service. For instance, traffic may be congested in

roads depicted by the Service as uncongested; existing roads may be missing from the map;

users may submit faulty or inaccurate Content or reports. Such errors and omissions are

inherent to any community-based service that operates on users’ posts and on the information

provided by them.

You agree and acknowledge that you assume full, exclusive and sole responsibility for the use

of and reliance on the Service, and you further agree and acknowledge that your use of or

reliance on the Service is made entirely at your own risk. You further acknowledge that it is your

responsibility to comply with all applicable laws (including traffic laws) while using the Service.

THE NAVIGATION INFORMATION PROVIDED BY THE SERVICE IS NOT INTENDED TO

REPLACE THE INFORMATION PRESENTED ON THE ROAD. IN THE EVENT THAT THE

INFORMATION PRESENTED ON THE ROAD (TRAFFIC LIGHTS, TRAFFIC SIGNS, POLICE

PERSON, ETC.) INSTRUCTS DIFFERENTLY THAN THE SERVICE, YOU MUST NOT RELY

ON THE SERVICE.

JCA exerts efforts to provide you with a high quality and satisfactory service. However, we do

not warrant that the Service will operate in an uninterrupted or error-free manner, or that it will

always be available or free from all harmful components, or that it is safe, secured from

unauthorized access to JCA’s computers, immune from damages, free of malfunctions, bugs or

failures, including, but not limited to hardware failures, software failures and software

communication failures, originating either in JCA or any of its providers.

JCA, INCLUDING ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS,

EMPLOYEES, SUB-CONTRACTORS AND AGENTS WILL NOT BE LIABLE FOR ANY

DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER

DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS,

EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER

FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE

INABILITY TO USE THE SERVICE, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN

THE FUNCTION OF THE SERVICE, OR FROM ANY FAULT, OR ERROR MADE BY OUR

STAFF OR ANYONE ACTING ON ITS BEHALF, OR FROM YOUR RELIANCE ON THE

CONTENT OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, CONTENT

ORIGINATING FROM THIRD PARTIES, OR FROM ANY COMMUNICATION WITH THE

SERVICE, OR WITH OTHER USERS ON OR THROUGH THE SERVICE, OR FROM ANY

DENIAL OR CANCELLATION OF YOUR USER ACCOUNT, OR FROM RETENTION,

DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE

SERVICE. IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO CORRECTING

SUCH ERRORS, OR MALFUNCTIONS, AND IN LIGHT OF THE RELEVANT

CIRCUMSTANCES.

THE LIMITATIONS OF LIABILITY IN THIS SECTION SHALL APPLY TO THE FULLEST

EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. NOTHING IN THIS

TOU SHALL AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.

All legal actions arising with respect to the Service shall, unless prohibited by applicable law, be

barred unless written notice thereof is received by JCA within one (1) event giving rise to

such legal action. Failure to file a lawsuit within the aforementioned

year from the date of the timeframe will bring about the permanent barring of the cause

of action, and will constitute your complete and final waiving of the lawsuit.

INDEMNIFICATION

This section does not apply to users who are resident in the UK, EU, EEA or any other

jurisdiction where this indemnity is not allowable under applicable law. To the extent permitted

by applicable law, you agree to defend, indemnify, and hold harmless JCA and our subsidiaries,

agents/mandataries, licensors, managers, and other affiliated companies, and their employees,

contractors, agents/mandataries, officers and directors, as well as all third party advertisers of

Ads, from and against any and all claims, damages, causes of action, obligations, losses,

liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees and costs)

arising from: (i) your use of and access to the Service, including any data or content transmitted

or received by you; (ii) your violation of any term of this TOU, including without limitation your

breach or threatened breach of any of the representations, warranties, obligations, or

agreements herein; (iii) your violation of any third-party right, including without limitation any

right of privacy or Intellectual Property rights; (iv) your violation of any applicable law, rule, or

regulation; (v) any claim or damages that arise as a result of any of your Content, or any

Content or other information that is submitted via your account; or (vi) any other party’s access

and use of the Service with your unique username, password, or other appropriate security

code.LINKS AND COMMERCIAL INFORMATION IN THE SERVICE

The Service may include commercial information or advertisements (for example, pins indicating

the locations of certain establishments, their commercial offers, coupons, etc. (“Ads”). The Ads

may pop up or be displayed on the Service maps from time to time. JCA may post Ads on the

Service but more often than not, the source of such Ads is third parties, and as such, JCA

cannot and does not guarantee the reliability or accuracy of third-party Ads. JCA does not

endorse the content of third-party Ads. Additionally, and without derogating from the previous

sentence, JCA will not be liable for any form of liability arising from your reliance on, or in

connection with, the use of the content of Ads posted on the Service.

The advertising of commercial content by JCA does not constitute a recommendation or

encouragement to procure the goods or services advertised.

Insofar as the Service includes links to services or applications not operated or managed by

JCA, JCA will not be liable for any form of liability arising from your reliance on, or in connection

with, the content of such services and applications or any information provided by them,

including but not limited to its completeness, accuracy, correctness or it being up to date. JCA

will not be liable for any direct or indirect damage, monetary or otherwise, arising from your use

of or your reliance on the content of goods or services you have accessed via Ads or other links

on the Service.

YOU MUST NOT ATTEMPT TO VIEW OR CLICK ON ANY ADS WHILE OPERATING A

VEHICLE. YOU ALONE ARE RESPONSIBLE FOR DRIVING RESPONSIBLY, AND YOU

ACKNOWLEDGE AND AGREE THAT IN THE EVENT THAT YOU VIOLATE THE

FOREGOING PROVISION, JCA (INCLUDING ITS AFFILIATES AND STAFF) AND/OR THE

THIRD PARTY ADVERTISERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,

INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS

(INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND

PAYMENTS, EITHER IN TORT (INCLUDING NEGLIGENCE), CONTRACTUAL, OR IN ANY

OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE DISPLAY

OF THE ADS ON THE SERVICE OR YOUR VIEWING OF THE ADS ON THE SERVICE.

JCA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY

FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY

THROUGH THE SERVICE, OR ANY HYPERLINKED WEBSITE OR SERVICE, AND JCA

WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN

YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

PRIVACY

JCA respects your privacy during your use of the Service. Our Privacy Policy pertaining to the

Service is readily accessible. We will notify you in the event we make any material changes in

our Privacy Policy. However, since the Privacy Policy is subject to periodic updates, it is

recommended that you periodically review the policy for updates as well.

MODIFICATIONS TO THE SERVICE

JCA may, either partially or in its entirety, and without being obligated to provide prior notice to

you, modify, adapt, or change the Service, the Service’s features, the user interface and design,

the extent and availability of the contents in the Service and any other aspect related to the

Service. You will have no claim, complaint, or demand against JCA for applying such changes

or for failures incidental to such changes.

TERMINATION OF SERVICE

JCA may, at any time, terminate the provision of the Service in its entirety or any part thereof,

temporarily or permanently, at its sole and absolute discretion.

GOVERNING LAW AND JURISDICTION

These TOU will be governed solely by the laws of the State of Floria, without giving effect to any

conflicts of law principles. Any dispute, claim or controversy arising out of, connected with or

relating to these TOU and the Service, will be under the exclusive venue and jurisdiction of

Orange County, Florida, USA. YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY.

DISPUTE RESOLUTION, ARBITRATION

READ THIS SECTION CAREFULLY BECAUSE, EXCEPT WHERE PROHIBITED BY

APPLICABLE LAW, IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES.

The term “Disputes,” as used in this section, is intended to be interpreted broadly and includes

any claim, dispute, or controversy between us that arises out of or relates to this TOU, this

clause, and/or any and all use of the Service whether based in contract, statute, regulation,

ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or

any other legal or equitable theory, and includes all threshold issue of arbitrability including the

validity, enforceability, or scope of this clause. The only Disputes excluded from this obligation

to arbitration are: (1) claims that could be brought in small claims court; and (2) JCA’s claims for

injunctive or other equitable relief.

You must send written notice of any dispute you have with JCA to us at least sixty (60) days

before filing a demand for arbitration pursuant to the following paragraphs. Your notice of

dispute should be sent to us at our official address or email address below to give us the

opportunity to resolve your dispute informally. You agree to try to reasonably negotiate a

resolution of your dispute in good faith for the duration of the 60-day period. If we are unable to

resolve your dispute, then you may file a demand for arbitration pursuant to the paragraphs that

follow.

In the unlikely event that we have not been able to resolve your dispute after sixty (60) days,

except where prohibited by applicable law, we each agree to resolve all Disputes (except the

small claims and equitable claims excluded above) by binding arbitration brought before the

arbitration body indicated below. Arbitration shall be conducted by the American Arbitration

Association’s International Centre for Dispute Resolution in accordance with its Expedited

Commercial Rules in force as of the date of this TOU. The parties will mutually select one

arbitrator. The arbitration will be conducted in English, in Orange County, Florida, USA. The

arbitral award will be final and binding on the parties and its execution may be presented in any

competent court, including any court with jurisdiction over either party. Each party will be

responsible for paying their own arbitration filing, administrative, and arbitrator fees in

accordance with the applicable rules. The award rendered by the arbitrator shall include costs of

arbitration and reasonable costs for expert and other witnesses, and any judgement on the

award rendered by the arbitrator may be entered in any court of competent jurisdiction. In

addition, reasonable attorneys’ fees shall be awardable to the prevailing party of such arbitration

proceeding. Any arbitration proceeding conducted in accordance with this Section will be

considered Confidential Information, including, without limitation, the existence of any

information disclosed during, and any oral communications or documents related to, the

arbitration proceedings or prior negotiations. The parties may disclose information regarding the

arbitration proceeding to a competent court as may be necessary to file any order or execute

any arbitral decision, but the parties must request that those judicial proceedings be conducted

in camera (in private).

CLASS ACTION WAIVER

ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS

A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE

ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE

PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE

AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE

PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU

ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS

ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER

REPRESENTATIVE PROCEEDING OF ANY KIND.

Any attempted transfer or assignment by you in violation hereof shall be null and void.

ASSIGNMENT OF RIGHTS

You may not assign or transfer your rights in and to the Service, without the prior written consent

of JCA. JCA may assign its rights in and to the Service to a third party at its sole and absolute

discretion, at any time, without restriction, provided that the third party undertakes JCA’s

obligations to you under these TOU.

COMPLETE TERMS

These TOU, together with JCA Privacy Policy, shall all constitute the entire and complete

agreement between you and JCA concerning the JCA Service. In the event of an inconsistency

between these TOU and other documents in connection with Service, these TOU shall prevail.

NO WAIVER

No waiver of any term of this TOU shall be deemed a further or continuing waiver of such term

or any other term, and JCA’s failure to assert any right or provision under this TOU shall not

constitute a waiver of such right or provision.

NO LEGAL RELATIONSHIP

These TOU, and your use of the Service, including the submission of Content onto the Service,

do not, and shall not be construed as creating any relationship, partnership, joint venture,

employer-employee, agency, or franchisor-franchisee relationship in any way and of any kind

between the parties hereto. Your use of the Service is intended for your enjoyment and benefit

and the provision of the Service to you (subject to your compliance with these TOU) constitutes

the sole and sufficient consideration that you are entitled to receive for any Content or other

contributions you have made to JCA’s Service, its contents, maps, and any other data.

THIRD PARTY TRADEMARKS

Apple and the Apple logo are trademarks of Apple Inc., registered in the U.S. and other

countries. App Store is a service mark of Apple Inc. Google Play, the Google Play logo, and

Android are trademarks of Google Inc. The Bluetooth® word mark and logos are registered

trademarks owned by Bluetooth SIG, Inc. and any use of such marks by us is under license. All

other trademarks and trade names are properties are exclusively owned and registered by their

respective owners.

LANGUAGE

You and JCA have each expressly requested and required this TOU, and all documents that

relate hereto, be drawn up in the English language, and that the English language version of

this TOU shall prevail in the case of any discrepancies between it and a version in any other

language.

ENTIRE AGREEMENT/SERVABILITY

This Agreement, together with any amendments and any additional agreements you may enter

into with JCA in connection with the Services (including all supplemental terms referenced

herein), shall constitute the entire agreement between you and JCA concerning the Services. If

any provision of this TOU is deemed invalid by a court of competent jurisdiction, then such

provision shall be enforced to the maximum extent permissible under applicable law so as to

affect the intent of this agreement, and the invalidity of any such provision shall not affect the

validity of the remaining provisions of this TOU, which shall remain in full force and effect. This

TOU shall inure to the benefit of, and shall be binding upon, the heirs, beneficiaries, executors,

successors, legal representatives and assigns of the parties hereto. Any provision contained in

this TOU whereby its terms shall survive the termination of this agreement, shall survive and

remain in full force and effect, and shall continue to be binding upon the parties hereto.

MODIFICATIONS OF THIS TOU

JCA may modify these TOU from time to time in its sole and absolute discretion. If material

changes are introduced, a notice will be posted in the updated version of the Service as well as

on the Service’s home page on the Site. Your continued use of the Service after the TOU have

been modified signifies your consent and approval to the updated TOU. If you don’t agree to the

updated TOU or to any term within them, you should discontinue all further use of the Service.

You can also end your relationship with us at any time by deleting your username/account.

You may contact us concerning any question about the Service, or regarding this TOU. We will

make our best efforts to address your inquiry promptly.

JCA Technologies LLC

Email: info@cartin.app

Last Modified: March 24, 2025