Last updated: September 21, 2017
Key Points The following key points of the Terms are highlighted for your convenience. The key points are not made in lieu of the full Terms, and they do not supersede or override any other terms or conditions provided by us.
• Safe Driving. Our Service is designed to improve driving safety by blocking Device Distractions. You should, however, always drive vigilantly according to road conditions and in accordance with traffic laws, and you assume all risks related to driving and your use of the Service in your vehicle. Failure to do so may result in an crash involving serious injury or death. We are not responsible for any crash, injury, or damage to you, others, and your Vehicle or other property related to your driving of your vehicle.
• Device Distractions. The Service can only block Device Distractions on the Device when the Device and the Module (defined below) are used in accordance with instructions from us or our partners, and therefore we are not responsible for Device Distractions or other driving distractions resulting from (a) any mobile device not registered with us; (b) any mobile device registered to any person other than you; (c) the use or operation of applications on the Device or other devices other than those blocked; (d) other distractions within the car, such as those related to in-vehicle Wi-Fi and/or entertainment systems; (e) your attempts to use your Device notwithstanding the Service; (f) failure of the Device or the Module to be adequately powered or wirelessly connected (including Bluetooth or nearfield communications) without interference; (g) failure of the Service to send block signals to your cellular service provider at the start of a drive, due to unusual locations of devices and persons in the vehicle or due to other unusual circumstances; (h) failure of your cellular service provider or failures or impairments of wireless or internet communications generally, resulting in failure to block or inappropriate blocking of Device Distractions; (i) failures of any hardware or software, including your Device, the Module and any hardware or software systems in your vehicle; and (j) any other events or circumstances outside our control. In addition, the Service could, at times, block Device Distractions that may be important or time-sensitive. We are not responsible for any injury, harm, or damages, including but not limited to a delay or an inability to use your wireless service, that may result from your receiving or not receiving a Device Distraction, whether you are driving or not. Emergency 9-1-1 Calls. We enable you to easily override the Service to make important calls, such as emergency calls to 9-1-1. We, however, are not responsible in the event you are unable to make an emergency call whether due to our Service or otherwise.
• Your Vehicle and Module. Our Service is designed to be used in conjunction with a module (“Module”) provided by one of our partners that is designed to plug into your Vehicle’s on-board-diagnostics (“OBD”) port. We do not design, control, or provide the Module, and do not guarantee the proper functioning of the Module. We also are not responsible for any specific risks associated with the use of the Module, including but not limited to any impairment of the proper functioning of your Vehicle. Our partners access or control the data obtained from the Module independent of us, and we are not responsible for any use by our partners of any Module data.
Your Account When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Intellectual Property The Service and its original content, features and functionality are and will remain the exclusive property of us and our licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
Links To Other Web Sites Our Service may contain links to third party web sites or services that we do not own or control. We assume no responsibility for the content, privacy policies, or practices of any of these third party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
Termination We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnification You agree to defend, indemnify and hold us harmless, as well as our licensee(s) and licensor(s), and our or their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of (a) your use and access of the Service, by you or any person using your account and password, or (b) a breach of these Terms.
Limitation Of Liability In no event shall we, our directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Service; (b) any conduct or content of any third party on the Service; (c) any content obtained from the Service; and (d) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. In no event shall our aggregate liability (including the liability of our directors, employees, partners, agents, suppliers, or affiliates) to you or with respect to your use or access of (or inability to use or access) the Service, whether based on warranty, contract, tort (including negligence) or any other legal theory, exceed $50 USD.
Disclaimer Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Neither we, our subsidiaries, affiliates, or licensors warrant that (a) the Service will function uninterrupted, secure or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Service is free of viruses or other harmful components; or (d) the results of using the Service will meet your requirements.
Exclusions Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Governing Law
These Terms shall be governed and construed in accordance with the laws of Colorado, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding the Service, and supersede and replace any prior agreements between you and us regarding the Service.
Changes We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide advance notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the Terms as revised. If you do not agree to the Terms as revised, you are no longer authorized to use the Service and must cease use immediately.
Contact Us If you have any questions about these Terms, please contact us at: Katasi Inc. 3100 Arapahoe AvenueSuite 501 Boulder, CO 80303
Last updated: September 21, 2017