The products we make require that we collect certain information from our users. We recognize the trust you place in us and don’t take it for granted. Here’s how we protect your data.
We use industry-leading security practices like bank-level (128-bit AES) encryption on all data transmitted from the car adapter to your phone and up to the cloud so your information can’t be accessed maliciously. Ensuring your data is secure is one of the reasons we build our own hardware.
The data created when you drive is securely hosted on our servers and is yours to explore, download, and use however you like. We provide many ways for you to access your data, like our web dashboard and developer API. You can also stop using Automatic and ask us to permanently delete your data from our servers at any time.
You can grant access to your data to third party apps and services, like IFTTT or Nest. A simple dialog lets you know which data they’re requesting access to, and lets you decide whether to share it. We will never sell or share your personally identifiable information, like name, where you drive, or VIN. In the rare case of a request by law enforcement or government, we will pursue every avenue available to inform you and protect your data.
We use aggregated, anonymized data to do research on driving patterns and vehicle performance, which we share on our blog. We may also create and sell industry reports, e.g. the most common engine problems for different car brands. These reports are based on aggregated and anonymized data—they will never contain any of your personally identifying information.
We work hard to create products and services that provide fantastic user experiences for drivers. In providing our products and services, we collect certain information from our users. In this document, we describe the information we collect and how it’s used and shared. By “we” or “us”, we mean our company, Automatic Labs Inc., and by “you” we refer to the users of our products and services. We take seriously our responsibility to protect the privacy of your information in accordance with this policy.
Using our services, drivers gain access to information on the use and operation of their vehicles to enhance the driving experience and improve vehicle performance. Our services (“Services”) are enabled by a hardware device which plugs into your vehicle (the “Automatic Link” or “Hardware”), a smartphone app (“App”), and our website. Using the Hardware, the App, and our website, you provide us with and we collect the following types of data (“Personal Data”):
If you provide us with Personal Data from a location outside the United States, please be aware that the data is transferred from your location to the United States, where we and our service providers are located.
Automatic engineers and other personnel have supervised access to your information so that we can provide Services to you and help you if you contact us for support. Except as provided below, we do not share your Personal Data with third parties without your explicit permission:
By using our Service, you provide us with permission to share your information with the parties described above.
To provide you with an enhanced user experience, you may choose to share your information with third parties through our App or website. In these circumstances, we will not share your Personal Data without your explicit permission, usually in the form of a web page, email or app screen where you authorize such sharing of information. Examples of where you may want to provide us with permission to share your Personal Data with third parties include:
We use best-in-class security systems and practices designed to protect your information and to prevent unauthorized access to your data. Examples of our security practices include:
We are committed to handling your personal information with respect and care. However, regardless of the security precautions taken, no physical, Internet or other electronic transmission or storage of data can be fully secure or error free. You should understand this when choosing to use any product or service that includes the physical or electronic storage or transmission of your data.
We store the information described above on the Automatic Link, in the App, and on our servers. To permanently delete your information, please follow these steps:
FOR CONSUMERS WHO ARE COVERED BY CONSUMER PROTECTION LAWS OR REGULATIONS IN THEIR COUNTRY OF PURCHASE OR, IF DIFFERENT, THEIR COUNTRY OF RESIDENCE, THE BENEFITS CONFERRED BY THIS LIMITED WARRANTY ARE IN ADDITION TO ALL RIGHTS AND REMEDIES CONVEYED BY SUCH CONSUMER PROTECTION LAWS AND REGULATIONS. SOME COUNTRIES, STATES AND PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION MAY LAST, SO THE LIMITATIONS OR EXCLUSIONS DESCRIBED BELOW MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY BY COUNTRY, STATE OR PROVINCE.
This limited warranty is provided by Automatic Labs, Inc. (“Automatic”) to purchasers of the Hardware (“you”). Hardware devices provided by Automatic (“Hardware”) are warranted to be free from defects in materials or workmanship under normal use (a) for new Hardware, one (1) year from the date of purchase by the original end user purchaser, and (b) for refurbished Hardware, ninety (90) days after the date the refurbished Hardware is shipped by Automatic to you or the remainder of the new Hardware Warranty Period, whichever is longer (as applicable, the “Warranty Period”). Within the Warranty Period, Automatic will, at its sole option, and as Automatic’s sole liability and your exclusive remedy, (a) repair the Hardware with new or refurbished parts, (b) replace the Hardware with reasonably available equivalent new or refurbished Hardware, or (c) refund the actual purchase price of the Hardware less any rebates and discounts. Such repairs or replacement will be made at no charge to you for parts or labor, provided that you shall be responsible for the shipping and handling costs for your returns as described below. All Hardware and parts that are replaced become the property of Automatic.
This limited warranty extends only to Hardware purchased from Automatic or a Automatic Authorized Reseller. This limited warranty does not apply to: (i) cosmetic damage, such as scratches, nicks and dents; (ii) consumable parts, such as batteries, unless Hardware damage has occurred due to a defect in materials or workmanship of the Hardware; (iii) damage caused by abnormal physical or electrical stress, negligence, accident, abuse, misuse, water, flood, fire, or other acts of nature or external causes; (iv) damage caused by service or repair performed by anyone who is not an authorized service provider of Automatic; (v) damage to Hardware that has been modified or altered without the written permission of Automatic; (vi) Hardware that has not been installed, operated, or maintained in accordance with instructions supplied by Automatic and the Automatic Terms of Service, or (vii) Hardware that was supplied or licensed for beta, evaluation, testing or demonstration purposes for which Automatic does not charge a purchase price or license fee. In addition, Automatic reserves the right to refuse warranty claims for Hardware that is obtained and/or used in contravention of the laws of any country.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SOFTWARE AND SERVICES PROVIDED BY AUTOMATIC WITH THE HARDWARE, WHETHER FACTORY LOADED ON THE HARDWARE OR OTHERWISE DOWNLOADABLE, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. Without limiting the foregoing, Automatic does not warrant that the operation of the Hardware, Software or Service (as those terms are defined in the Automatic Terms of Service will be uninterrupted or error free, or that use of the Hardware, Software or Services will result in any gas savings or efficiencies. Also, Automatic does not warrant that the Hardware, Software or Service, or any equipment, system or network on which the Hardware, Software or Service are used will be free of vulnerability to intrusion or attack.
This limited warranty does not guarantee any continued availability of any third party’s service on which the Hardware’s use or operation may depend.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO THE DURATION OF THE WARRANTY PERIOD. ALL OTHER EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE OR NON-INFRINGEMENT, ARE DISCLAIMED.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL AUTOMATIC BE LIABLE FOR ANY LOST OR DAMAGED DATA (INCLUDING, WITHOUT LIMITATION, ANY DATA ERASED BY AUTOMATIC IN CONNECTION WITH THE REPAIR OR REPLACEMENT OF HARDWARE), LOST REVENUE OR PROFIT, LOSS OF THE ABILITY TO USE ANY THIRD PARTY PRODUCTS, SOFTWARE OR SERVICES, DAMAGE TO THE VEHICLE TO WHICH YOU CONNECT THE HARDWARE, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING NEGLIGENCE), ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE HARDWARE, SOFTWARE OR ANY SERVICES PROVIDED IN RESPECT OF SUCH HARDWARE, SOFTWARE OR SERVICE, EVEN IF AUTOMATIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN PARTICULAR, ALTHOUGH AUTOMATIC ENDEAVORS TO ENSURE SUCCESSFUL DETECTION OF CRASHES, AUTOMATIC DOES NOT GUARANTEE THAT THE HARDWARE WILL DETECT OR REPORT ALL VEHICLE CRASHES OR THAT EMERGENCY ASSISTANCE WILL BE PROVIDED IN THE EVENT OF ANY CRASH. AUTOMATIC IS NOT LIABLE FOR THE ACTIONS OR INACTIONS OF ANY EMERGENCY RESPONDERS OR OTHER SERVICE PROVIDERS AUTOMATIC CONTACTS ON YOUR BEHALF OR FOR AUTOMATIC’S INABILITY TO CONTACT ANY EMERGENCY RESPONDER OR OTHER SERVICE PROVIDER IN ANY PARTICULAR SITUATION. THE HARDWARE IS EXCLUSIVELY FOR USE WITHIN THE U.S., AND AUTOMATIC IS NOT LIABLE FOR ANY USE OUTSIDE OF THE U.S. FURTHER, AUTOMATIC DOES NOT GUARANTEE THAT VEHICLE ERROR DETECTION WILL BE ACCURATE OR ERROR-FREE AND YOU SHOULD ALWAYS OBTAIN PROFESSIONAL ASSISTANCE FROM A VEHICLE SPECIALIST FOR REGULAR SERVICE, AS WELL AS FOR DIAGNOSIS OF ANY PROBLEMS WITH YOUR VEHICLE, AND TO MAKE TIMELY AND APPROPRIATE REPAIRS. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL AUTOMATIC’S LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE HARDWARE. IF YOU LIVE IN THE EUROPEAN UNION, REFERENCES IN THIS SECTION TO “SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL LOSSES” SHALL MEAN ANY LOSSES WHICH (i) WERE NOT REASONABLY FORESEEABLE BY BOTH PARTIES, AND/OR (ii) WERE KNOWN TO YOU BUT NOT TO AUTOMATIC AND/OR (iii) WERE REASONABLY FORESEEABLE BY BOTH PARTIES BUT COULD HAVE BEEN PREVENTED BY YOU, INCLUDING WITHOUT LIMITATION LOSSES CAUSED BY VIRUSES, TROJANS OR OTHER MALICIOUS PROGRAMS, OR LOSS OF OR DAMAGE TO YOUR DATA. The foregoing limitations will apply even if any warranty or remedy provided under this limited warranty fails of its essential purpose.
Some states do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.
No Automatic employee, agent or reseller is authorized to make any verbal or written modification, extension or addition to this limited warranty, and Automatic expressly disclaims any such change to this limited warranty. If any portion of this limited warranty is found to be void or unenforceable, its remaining provisions shall remain in full force and effect.
To obtain warranty service, contact email@example.com or write us at Automatic Labs, Inc., 128 King Street, 3rd Floor, San Francisco, CA 94107, and we will provide instructions on submitting your claim. You will be responsible for securely packaging the Hardware and including the requested information, such as account verification information. You are also responsible for all shipping and handling charges, in addition to any applicable customs duties, VAT or other associated taxes or charges when returning the Hardware. Hardware for which Automatic cannot reproduce the claimed defect or for which your purchase cannot be verified will be rejected.
Defective Hardware covered by this limited warranty will be repaired or replaced and returned to you without charge or if elected by Automatic, the purchase price will be refunded to you Automatic does not ship replacement Hardware to locations outside the country in which the original Hardware was purchased. Repairs or replacements not covered by this limited warranty will be subject to charge at Automatic’s then-current rates.
Please contact Automatic at firstname.lastname@example.org for more information.
Updated: February 24, 2016
1.1 Automatic Labs, Inc. (“Automatic”) provides its Hardware and Service (each as defined below) to you through its mobile applications, its website located at https://www.automatic.com (the “Site”) and via other channels, subject to this Terms of Service agreement (“TOS”). By accepting this TOS or by accessing or using the Service, Site, you acknowledge that you have read, understood, and agree to be bound by this TOS. If you do not agree with this TOS, you must not accept this TOS and may not use the Service.
1.2 We reserve the right, at our sole discretion, to change or modify portions of this TOS at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Services or Hardware after the date any such changes become effective constitutes your acceptance of the new TOS.
The “Service” includes (a) the Site, (b) any specialty services offered to users such as the “Fleet Service”, (c) Automatic’s vehicle information and related services, and (d) all mobile applications and other software (including the Software, as defined below), data, reports, text, images, sounds, video, and content made available through any of the foregoing (collectively referred to as the “Content”). The Fleet Service also includes (a) the Fleet Site and (b) the Fleet Dashboard. The “Hardware” means Automatic’s device that may be connected to your or your company’s vehicle in connection with the Service (for information, please read our limited Hardware warranty. Any updates or new features added to or augmenting the Service or the Hardware are also subject to this TOS; to keep the Software up-to-date, you agree that we may automatically provide you with such updates without your further consent or notice to you. NOTE THAT IN ORDER FOR THE SERVICE TO FUNCTION (INCLUDING EMERGENCY NOTIFICATION SERVICES), THE MOBILE DEVICE ONTO WHICH THE AUTOMATIC APPLICATION IS INSTALLED MUST BE LOCATED IN THE VEHICLE ASSOCIATED WITH YOUR SERVICE AND THE HARDWARE MUST BE PROPERLY INSTALLED IN YOUR VEHICLE. THE MOBILE DEVICE MUST ALSO HAVE ADEQUATE NETWORK AND DATA SERVICE IN THE LOCATION WHERE NEEDED.
3.1 Subject to the terms and conditions of this TOS, you may access and use the Service and Hardware only for lawful purposes. You shall not use our Services or Hardware (and we will not be liable for your use of the Services and Hardware) in connection with (i) cars with modified engine or electronic control systems, or (ii) cars of any make, model or year that we do not support, as set forth on our website. All rights, title and interest in and to the Service, the Hardware and their components will remain with and belong exclusively to Automatic. You shall not: (a) sublicense, resell, rent, lease, transfer, assign, time-share or otherwise commercially exploit or make the Service available to any third party; (b) use the Service or the Hardware in any unlawful manner (including, without limitation, in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Service, the Hardware or their components, (c) modify, adapt or hack the Service or the Hardware to, or otherwise attempt to, gain unauthorized access to the Service, the Hardware or their related systems or networks, or (d) use the Service or Hardware to obtain or attempt to access any materials or information through any means not intentionally made available or provided for through the Service or Hardware. Enterprise-level customers will purchase Enterprise-level services and will not attempt to circumvent Automatic's policies by purchasing consumer-level services. You shall comply with any codes of conduct, policies or other notices Automatic provides you or publishes in connection with the Service and the Hardware, and you shall promptly notify Automatic if you learn of a security breach related to the Service. Our Service is available on mobile devices. Do not use the Service in a way that distracts you and/or prevents you from obeying traffic or safety laws.
3.2 Any software that may be made available by Automatic in connection with the Service, such as Automatic’s mobile applications and any software embedded on the Hardware (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of this TOS, Automatic hereby grants you a personal, non-transferable, non-sublicensable and non-exclusive right and license to use the object code of any Software solely in connection with the Service (and in the case of Software embedded on the Hardware, you may only use such Software on the Hardware), provided that you shall not (and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, or sell, assign, sublicense or otherwise transfer any right in any Software. You agree not to access the Service by any means other than through the interface that is provided by Automatic for use in accessing the Service. The AUTOMATIC name and logos are trademarks and service marks of Automatic (collectively the “Automatic Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to us. Nothing in this TOS or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Automatic Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of Automatic Trademarks will inure to our exclusive benefit. Any rights not expressly granted herein by Automatic are reserved and no license or right to use any trademark of Automatic or any third party is granted to you in connection with the Service or Hardware. Software, Hardware and the transmission of applicable data, if any, is subject to United States export controls. No Hardware or Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service and Hardware.
3.4 Automatic uses reasonable security measures to protect the data we receive via the Services and Hardware. However, we cannot guarantee that third parties will never defeat our security measures. You acknowledge that you are using the Services and Hardware and sharing information at your own risk.
3.5 The Service includes certain services that are available via a mobile device, including (i) the ability to upload data to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Automatic and other entities by SMS, MMS, text message or other electronic means to your mobile device for the purpose of providing the applicable service and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Automatic account information to ensure that your messages are not sent to the person that acquires your old number. In the event that you fail to comply with the obligation to promptly update your Automatic account information when changing or deactivating your mobile telephone number, you accept full responsibility for any of your messages which may not be delivered or may be sent to the person that acquires your old number.
3.6 Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use, or the use of your company.
3.7 The failure of Automatic to exercise or enforce any right or provision of this TOS shall not be a waiver of that right. You acknowledge that this TOS is a contract between you or your company and Automatic, even though it is electronic and is not physically signed by you and Automatic, and it governs your use of the Service and Hardware and takes the place of any prior agreements between you and Automatic related to the subject matter hereof. If you are using our Service on behalf of a business, that business accepts these terms.
Automatic offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these TOS, the following terms and conditions apply:
4.1 Automatic and you acknowledge that this TOS is concluded between Automatic and you only, and not with Apple, and that as between Automatic and Apple, Automatic, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
4.2 You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
4.3 Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
4.4 Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
4.5 Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Automatic’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
4.6 Automatic and you acknowledge that Automatic, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
4.7 In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Automatic and Apple, Automatic, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
4.8 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.
4.9 If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to Automatic as follows:
Automatic Labs, Inc.
128 King Street, 3rd Floor
San Francisco, CA 94107
4.10 Automatic and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this TOS with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of this TOS, Apple will have the right (and will be deemed to have accepted the right) to enforce this TOS against you with respect to the Apple-Enabled Software as a third-party beneficiary thereof.
5.1 To the extent the Service, Hardware or any portion thereof is made available for any fee, you will be required to select a payment plan or make a payment and provide Automatic information regarding your credit card or other payment instrument. You represent and warrant to Automatic that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Automatic the amount that is specified in the payment plan in accordance with the terms of such plan and this TOS. If your payment plan involves subscription payments, you hereby authorize Automatic to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let Automatic know within sixty (60) days after the date that Automatic charges you. We reserve the right to change Automatic’s prices. If Automatic does change prices, Automatic will provide you with notice of the change on the Site or in email to you, at Automatic’s option, at least 30 days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. Note that you (and not Automatic) are responsible for any charges or fees payable to third parties in connection with the Service, such as emergency responders.
5.2 Automatic reserves the right to charge you a device deposit in conjunction with any specialty services.
5.3 If you are a Fleet Service user, you must return any devices held in your possession in order to effectively terminate the service and not be charged for additional use of the Fleet Service. You may be charged a replacement fee for any lost, stolen, broken, damaged or otherwise non-functioning devices. Replacement Fees are $50 USD for Second Generation (“Link 2”) devices and $100 USD for Third Generation (“Link 3”) devices (“Replacement Fee”). If a device is lost, stolen, broken, damaged or otherwise non-functioning during your use of the Fleet Service, you may request replacement device(s) for the associated Replacement Fee. Any replacement devices must also be returned to effectively terminate the Fleet Service.
You represent and warrant to Automatic that: (i) you have full power and authority to enter into this TOS; (ii) you own all Your Content or have obtained all permissions, releases, rights or licenses required to engage in your data collection using the Hardware, posting and other activities (and allow Automatic to perform its obligations) in connection with the Service and Hardware without obtaining any further releases or consents; (iii) Your Content and other activities in connection with the Service and Automatic’s exercise of all rights and license granted by you herein, do not and will not violate, infringe, or misappropriate any third party’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does Your Content contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing; and (iv) you are fifteen (15) years of age or older.
You have the right to terminate your account at any time in accordance with the procedures set forth on the Site or if you are a Fleet user, on the Fleet Site. Automatic reserves the right to (i) modify or discontinue, temporarily or permanently, the Service or Hardware (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any of Your Content in the Service for any reason, including if Automatic believes that you have violated this TOS. Automatic shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service or Hardware. Automatic will use good faith efforts to contact you to warn you prior to suspension or termination of your account by Automatic. All of Your Content on the Service (if any) may be permanently deleted by Automatic upon any termination of your account in its sole discretion. If Automatic terminates your account without cause and you have signed up for a fee-bearing service, Automatic will refund the pro-rated, unearned portion of any amount that you have prepaid to Automatic for such Service. However, all accrued rights to payment and the terms of Section 5-14 shall survive termination of this TOS.
THE HARDWARE COMES WITH A LIMITED WARRANTY FOR MORE DETAILS. THE SERVICE, INCLUDING THE SITE, CONTENT AND ANY DATA OR OTHER INFORMATION PROVIDED BY THE HARDWARE, SOFTWARE OR SERVICE, AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND AUTOMATIC EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS, CORRECTNESS OR RELIABILITY. AUTOMATIC MAKES NO WARRANTY THAT (I) THE SERVICE OR HARDWARE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE OR HARDWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE OR ERROR-FREE, (III) THE RESULTS (SUCH AS VEHICLE ERROR CODE ANALYSIS) THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR HARDWARE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM AUTOMATIC OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS. IN PARTICULAR, ALTHOUGH AUTOMATIC ENDEAVORS TO ENSURE SUCCESSFUL DETECTION OF MOST CRASHES, NOT ALL CRASHES MAY BE DETECTED AND AUTOMATIC DOES NOT GUARANTEE THAT THE SERVICE OR HARDWARE WILL DETECT AND/OR REPORT ALL VEHICLE CRASHES OR THAT EMERGENCY ASSISTANCE WILL BE PROVIDED IN THE EVENT OF ANY CRASH. AUTOMATIC IS NOT LIABLE FOR THE ACTIONS OR INACTIONS OF THE USER, OR OF ANY EMERGENCY RESPONDERS OR OTHER SERVICE PROVIDERS WE MAY CONTACT ON YOUR BEHALF, OR FOR THE SERVICE’S INABILITY TO CONTACT ANY EMERGENCY RESPONDER OR OTHER SERVICE PROVIDER IN ANY PARTICULAR SITUATION. FURTHER, THE SERVICE DOES NOT GUARANTEE THAT USE OF THE HARDWARE, SOFTWARE OR SERVICES WILL RESULT IN ANY GAS SAVINGS OR EFFICIENCIES OR THAT VEHICLE ERROR DETECTION WILL BE ACCURATE OR ERROR-FREE. THE SERVICE IS NOT INTENDED AND SHOULD NOT BE USED AS A STOLEN VEHICLE LOCATION SERVICE. YOU ARE SOLELY RESPONSIBLE FOR SAFE VEHICLE OPERATION AND PROPER VEHICLE MAINTENANCE AND YOU SHOULD ALWAYS OBTAIN PROFESSIONAL ASSISTANCE FROM A VEHICLE SPECIALIST FOR DIAGNOSIS AND REPAIR OF ANY ERRORS OR OTHER PROBLEMS WITH YOUR VEHICLE. THE SERVICE AND THE HARDWARE DO NOT WORK OUTSIDE OF THE U.S. IF YOU ARE A FLEET USER, AUTOMATIC MAKES NO WARRANTY OR GUARANTEE THAT (I) REAL-TIME VEHICLE LOCATIONS WILL MATCH ACTUAL VEHICLE LOCATIONS, (II) GEOFENCE ALERTS WILL BE ACCURATE OR TIMELY, AND (III) MAINTENANCE REMINDERS WILL BE ACCURATE OR ERROR-FREE.
9.1 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL AUTOMATIC BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION, (B) ANY INJURIES TO PERSONS OR DAMAGE TO PROPERTY RELATED TO YOUR USE OF THE SERVICE OR HARDWARE, INCLUDING BUT NOT LIMITED TO INJURIES TO PERSONS OR PROPERTY RELATED TO USE OF EMERGENCY NOTIFICATION SERVICES OR ANY DAMAGES RELATING TO THE INSTALLATION, REPAIR, OR MAINTENANCE OF THE HARDWARE, OR (C) ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE SERVICE FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO SERVICE FEES APPLY, ONE HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS TOS.
9.2 SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN THESE STATES, AUTOMATIC’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
If you are using our Service on behalf of a business, that business accepts these terms. You shall defend, indemnify, and hold harmless Automatic from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of this TOS, any of Your Content, or your other access, contribution to, use or misuse of the Service or Hardware. Automatic shall provide notice to you of any such claim, suit or demand. Automatic reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Automatic’s defense of such matter.
You may not assign this TOS without the prior written consent of Automatic, but Automatic may assign or transfer this TOS, in whole or in part, without restriction.
This TOS shall be governed by the laws of the State of California without regard to the principles of conflicts of law. Unless otherwise elected by Automatic in a particular instance, you hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of California for the purpose of resolving any dispute relating to your access to or use of the Service or Hardware.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. Most customer concerns can be resolved quickly and to the customer's satisfaction by emailing customer support at email@example.com. In the unlikely event that our customer care team is unable to resolve a complaint you may have (or if Automatic has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration, mediation, or small claims court instead of in courts of general jurisdiction. Arbitration, which is often cheaper, faster and less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award. Also, in any arbitration under this arbitration provision in which you seek less than $75,000 in damages, Automatic will pay reasonable attorneys’ fees should you prevail. Automatic will not seek attorneys’ fees from you. However, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of attorneys’ fees will be governed by the AAA Rules (as defined below). Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted.
13.1 Arbitration Agreement: Automatic and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
References to “Automatic”, “you”, and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or devices under this or prior agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state or local agencies, including, for example, the Federal Communications Commission. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this TOS, you and Automatic are each waiving the right to a trial by jury or to participate in a class action. This TOS evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this TOS.
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Automatic should be sent to the address located in Section 15 of this Terms of Service (“Notice Address”). The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If Automatic and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, you or Automatic may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Automatic or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Automatic is entitled.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this TOS, and will be administered by the AAA. The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this TOS. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of the arbitration provision. Unless Automatic and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Automatic will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the AAA Rules. However, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules.
The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND AUTOMATIC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Automatic agree in writing otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
13.2 Notwithstanding any provision in this TOS to the contrary, we agree that if Automatic makes any future change to this arbitration provision (other than a change to the Notice Address) while you are a user of the Service or Hardware, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.
Under California Civil Code Section 1789.3, users of the Hardware from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at Automatic Labs, Inc., 128 King Street, 3rd Floor, San Francisco, CA 94107 (“Notice Address”).
Please contact us at firstname.lastname@example.org to report any violations of this TOS or to pose any questions regarding this TOS, the Service, or the Hardware.
Automatic takes the protection of its intellectual property and technology seriously. Automatic’s innovative, unique technology is protected by a robust, ongoing program of United States and international patent applications.
AUTOMATIC, the A LOGO Design, and SMART DRIVING ASSISTANT are trademarks of Automatic Labs Inc. Other trademarks, service marks, and trade names that may appear on the Automatic website or in other materials are the property of their respective owners.
This Trademark Usage Policy sets forth the proper use of trademarks, service marks (collectively “trademarks”) and logos of Automatic Labs, Inc. (hereinafter “Automatic”) by our licensees, authorized resellers, and other parties who have obtained Automatic’s explicit permission to use Automatic’s trademarks or logos on their promotional materials, instructional materials, websites, packaging, labels or elsewhere. This policy helps us protect our valuable trademark rights. If you’re a licensee of any Automatic trademark or logo or an authorized reseller of Automatic products and have specific trademark usage guidelines in your agreement with us, please follow those guidelines.
When referencing Automatic trademarks and registered trademarks, always include the proper notation after the name and logo, which is ® for registered trademarks and ™ for trademarks. Always use the complete trademark in all communications. Never abbreviate an Automatic trademark to create an acronym. When using an Automatic trademark, never vary the spelling, add or delete hyphens, make one word two, or use a possessive or plural form of the Automatic trademark. Do not combine Automatic trademarks with your or any third-party trademarks. Automatic logos may only be used under a separate written license from Automatic. When using logos, always include the ® if the logo is registered or ™ if the logo is not registered. Automatic trademarks may not be used as part of the product name for any third-party product. Products may be co-branded with a Automatic mark only by written agreement with Automatic. By using an Automatic trademark or logo, you are acknowledging that Automatic is the owner of all right, title, and interest in the trademark or logo, that all use of the Automatic trademark or logo inures to Automatic’s benefit, that you will not interfere with or challenge Automatic’s rights in the trademark or logo, and that you will not bring the Automatic trademark or logo into disrepute. No person or entity may reproduce or use (or authorize the reproduction or use of) any Automatic trademark or logo in any manner other than expressly authorized by Automatic.