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Terms of Service

INTRODUCTION

Last Updated: October 17, 2018

Welcome, and thank you for your interest in rideOS Inc. ("rideOS", "we", "us", or "our"), our APIs, and our API Sandbox found at http://app.rideos.ai, (collectively, the "Service"). These API Terms are a legally binding contract between you and rideOS regarding your use of the Service.

BY CLICKING "I AGREE TO THE TERMS OF SERVICE," OR BY ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS OF SERVICE, [INCLUDING OUR Privacy Policy] (TOGETHER, THESE "TERMS").

Please read the Terms carefully. If you don’t agree to these Terms, you may not use the Services.

1. Sign-Up

In order to use the Services, you must first register for a rideOS API developer account. When you use our application program interfaces (APIs), each request to an API must include one of your account's unique API keys.

Please carefully guard the security of your account and monitor use of your API keys. You are responsible for all use of the Services under your account, whether or not authorized, including any use of your API keys. At our discretion, we may make limited exceptions to this policy for unauthorized use of your account if you notify us of the problem promptly. You may only open and operate one account.

You acknowledge and agree that the information that you provide to us in connection with the creation of your API Sandbox developer account will be stored and maintained by our third party authentication provider. By signing up for an account, you give permission to our authentication provider to obtain and store your information.

2. Eligibility

You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.

3. Licenses

  • Subject to these Terms (including the restrictions in Section 4 and 5), we grant you a non-exclusive, non-transferable, non-sublicensable, revocable license and right to Use the Services to develop and operate mobile applications, online services, and other online, desktop and mobile services (including on-demand marketplaces, applications, products and services).
  • You hereby grant rideOS and our affiliates a perpetual, irrevocable, non-exclusive, royalty-free, worldwide, fully paid-up, transferable, sublicensable, unrestricted right and license to use, copy, publish, cache, display, distribute, modify, create derivative works, commercialize, exploit and store all data, information or content that you contribute or otherwise provide to the Services via interaction with or use of our API or otherwise (including any vehicle location, GPS, pickup or drop-off data, but excluding any content that you receive from us) ("API Content"). You represent, warrant, and acknowledge that you have the right to grant rideOS these rights.

4. Restrictions and Obligations

  • You may not use the Services in any manner that could damage or overburden the Services or rideOS’s business, or interfere with any other party's use of the Services.
  • You are not, and are not controlled by an individual, organization or entity organized or located in a country or territory that is the target of sanctions imposed, or on any restricted or sanctioned party list maintained, by the U.S. Government, the European Union or the United Kingdom.
  • You agree to comply with all applicable laws, regulations, and third party agreements in your use of the Services.
  • You may not use the Services (directly or indirectly) to interfere with or attempt to gain unauthorized access to any computer network.
  • You may not, without our prior written consent, use the Services to operate dangerous businesses such as air traffic control or emergency services, where the use or failure of the Services could lead to death, personal injury or significant property damage.
  • You may not transmit viruses, trojan horses, or any other malicious code or programs to rideOS or otherwise directly or indirectly in connection with the Services.
  • You may not engage in any other activity deemed by us (in our discretion) to be in conflict with the spirit or intent of these Terms.
  • You may not use the Service if we provide you notice (in our sole discretion) that you may not access the Service or are otherwise banned from using rideOS’s products or Services.
  • You may not (and may not attempt to) decompile, create derivative works from, reverse engineer, modify, or attempt to derive the Service, any underlying data used by rideOS to provide the Service, or any source code from our or our website’s software, except as expressly permitted by a separate written license from us. Further, you may not use the Services to develop, test, validate and/or improve any service or dataset that is a substitute for, or substantially similar to, the Services (including any portion thereof).
  • You may not store or cache "ETA Data" provided to you via the Service for more than 30 days.

5. API Usage Limits

You agree that your use of the Services may be subject to certain usage limits, including limits on the number of API calls made during a certain period, which may be communicated to you by rideOS from time-to-time or via updates to these Terms. You agree to comply with and abide by any such API usage limits.

6. Our content and third party content

The APIs, visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service ("Materials") provided by us on our website or through our Service are protected by intellectual property and other laws. All Materials included in the Service are the property of rideOS or our third party licensors. Except as expressly authorized by use, you may not make use of the Materials. We reserve all rights to the Materials not granted expressly in these Terms.

7. Feedback

If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service ("Feedback"), then you hereby grant rideOS an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.

8. Publicity

We're proud that you are interested in using our APIs. During the term of this agreement, you hereby grant us a worldwide, non-exclusive, royalty-free, fully paid-up, transferable and sublicensable license to use your name, trademarks, service marks, and logos for the purpose of identifying you as a rideOS customer to promote and market our services. But if you prefer we not use your logo or name in a particular way, just let us know, and we will respect that.

9. Changes to Services or Terms

We may modify these Terms and other terms related to your use of the Services (like our privacy policy) from time to time, by posting the changed terms on the site. All changes will be effective immediately upon posting to the site unless they specify a later date. Changes will not apply retroactively. Please check these Terms periodically for changes - your continued use of the Services after new terms become effective constitutes your binding acceptance of the new terms.

We may change the features and functions our APIs from time-to-time including APIs. It is your responsibility to ensure that calls or requests you make to the Services are compatible with then-current rideOS APIs.

10. Indemnification

To the fullest extent permitted by law, you are solely responsible for your use of the Service, and you will defend and indemnify rideOS and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the "rideOS Entities") from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with:

  • your violation of these Terms;
  • your unauthorized use of, or misuse of, the Service;
  • your violation of any applicable law, rule or regulation;
  • your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right;
  • your end users’ use of the Services (directly or indirectly) in or through an application, product or service you provide; or
  • any dispute or issue between you and any third party.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

11. Disclaimers; No Warranties

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. RIDEOS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT, INCLUDING INFORMATION ABOUT OR USE OF APIS, AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. RIDEOS DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND RIDEOS DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR RIDEOS ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE RIDEOS ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. RIDEOS IS NOT RESPONSIBLE FOR YOUR OR YOUR END USER’S USE (DIRECTLY OR INDIRECTLY) OF THE SERVICES AND MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICES OR MATERIALS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE, PERSONAL INJURY, VIOLATION OF LAW OR OTHER RESULT ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO LIFE OR PROPERTY.

RIDEOS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR ANY THIRD PARTY SITES REFERRED TO ON OR BY THE SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

DRIVING CAN BE DANGEROUS, AND USE OF OUR API IS ENTIRELY AT YOUR OWN RISK. THE INFORMATION PROVIDED BY OUR APIS IS NOT INTENDED TO REPLACE THE INFORMATION PRESENTED ON THE ROAD. IN THE EVENT THAT THE INFORMATION PRESENTED ON THE ROAD (FOR EXAMPLE, BY TRAFFIC LIGHTS, TRAFFIC SIGNS, OR POLICE OFFICERS) DIFFERS FROM INFORMATION PROVIDED BY THE APIS, DO NOT RELY ON THE API. YOU AND YOUR USERS MUST OBSERVE ALL TRAFFIC AND OTHER LAWS WHILE USING THE SERVICE. IF YOU USE THE APIS IN AN APPLICATION OR SERVICE THAT YOU PROVIDE TO END USERS, YOU MUST DISCLOSE THIS POLICY TO YOUR USERS.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE AND BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE JURISDICTION IN WHICH YOU ARE LOCATED.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE RIDEOS ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY RIDEOS ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE RIDEOS ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

13. Miscellaneous

  1. General Terms. These Terms, together with the Privacy Policy, are the entire and exclusive understanding and agreement between you and rideOS regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may transfer or assign these Terms or any of the API Data at any time for any reason in any manner without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word "including" means "including but not limited to". If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
  2. Governing Law. These Terms are governed by the laws of the State of California without regard to conflict of law principles. You and rideOS submit to the personal and exclusive jurisdiction of the state courts and federal courts located within California for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in San Francisco, California, and we make no representation that API or Materials included in the Service are appropriate or available for use in other locations.
  3. Privacy Policy. Please read the rideOS Privacy Policy carefully for information relating to our collection, use, storage, disclosure of your personal information. The rideOS Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
  4. Consent to Electronic Communications. By creating an account or using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
  5. Contact Information. The Service is offered by rideOS, Inc., located at 221 Main Street, Suite 420, San Francisco, CA 94105. You may contact us by sending correspondence to that address or by emailing us at support@rideos.ai.