Terms and Conditions

These Terms and Conditions ("Terms") govern your relationship with KineApps Ltd (KineApps Oy), Finland, Business ID 3257225-7 ("KineApps", "we", "us") and your use of the My Car app on Android, iOS, macOS, Windows and the web, and the cloud services behind it (the "Service").

Please read these Terms carefully before using the Service.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Service.

1. General Conditions

1. To be eligible to use the Service, you must be at least 16 years old and able to form a binding contract in your country of residence.
2. You agree that you are solely responsible for all communications charges incurred by your use of the Service.

2. Subscriptions

2.1. Premium Subscription

Some features of the Service ("Premium Feature(s)") require an active My Car Premium subscription ("Subscription"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of Subscription plan you select when purchasing a Subscription.

Subscriptions are bought in the Android and iOS apps and are managed by Google Play or the Apple App Store ("Store"). A subscription is tied to your account and works on all platforms where you are signed in with the same account; the web and Windows apps do not sell subscriptions.

At the end of each Billing Cycle, your Subscription will automatically renew, subject to section 2.4, unless you cancel it in the Store before the Store's deadline. Your Subscription will be valid until the end of the current Billing Cycle.

Premium Features that sync your data need an account (see section 3).

Each plan has limits, for example on the number of vehicles, additional drivers and storage space. The limits are shown in the plan description. If you reach a limit, the related Premium Features stop working until you are back within it.

2.2. Trial Subscriptions

Some subscriptions offer a trial period. This gives you access to the Premium features for a time before your first subscription payment. If you don't cancel, you'll be automatically billed for the subscription at the end of the trial period. If you cancel in the Store before the Store's deadline (see section 2.1), you won't be charged.

2.3. Terminating Subscription

You may choose to terminate your Subscription by terminating the automatic Subscription renewal in Store. By exercising this option, you will be able to continue to use the Premium Features until the expiration of your Subscription. At the expiration of the Subscription, you will then revert to a free version, and will no longer have access to Premium Features provided by Subscription.

If your My Car Premium subscription expires, the data you synced to our cloud is kept unchanged for 3 months, so you can renew and continue where you left off. After that it is deleted permanently, together with your subscription records. Deletion runs automatically and can take a few more days.

Data stored on your own devices is not affected.

2.4. Fee Changes

KineApps may change the Subscription fees for valid reasons, such as changes in taxes, costs, exchange rates or the Store's pricing, or changes to the Service's features, and in proportion to them. A change takes effect no earlier than a future Billing Cycle, after the notice and any consent the Store or the law requires.

Store or KineApps will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

2.5. Refunds

Paid Subscription fees are not refunded, except where mandatory law requires it. Refunds and the right of withdrawal for Store purchases are handled by the Store under its own terms.

2.6. Changes to Premium Features

We may change, add or remove features of the Service, including Premium Features, for valid reasons: to develop the Service, for security, to comply with the law, or because of technical changes or changes at our service providers or the Stores. A free feature may become a Premium Feature, and a Premium Feature may become free.

3. Accounts

You can use the app without registering by choosing "Sign up later". Your data then stays on your device. Cloud sync, My Car Premium and shared groups require signing in with Google, with Apple or with an email link.

You are responsible for keeping access to the Google account, Apple account or email address you sign in with secure. Tell us at once if you notice unauthorised use. KineApps is not responsible for unauthorised use of your account to the extent it is caused by your failure to keep your sign-in secure, for example by sharing access or leaving your device unprotected.

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so is a breach of these Terms (see section 4).

Your display name is shown to the members of your shared groups. You may not use as a display name the name of another person or entity, or a name or trade mark that is subject to any rights of another person or entity, without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

4. Termination

We may suspend or terminate your account immediately if you seriously breach these Terms, for example by misusing the Service, harming other users or breaking the law, or if the law requires us to. In other cases we give you reasonable notice.

Upon termination, your right to use the Service ends.

You can delete your account and your synced data at any time: in the app select Settings | Account | Delete account, or follow mycar-app.com/delete-account. Deleting your account does not cancel your Subscription: cancel it in the Store first, or the Store keeps billing you. An account with no cloud data, no valid subscription and no membership in another user's shared group can be deleted automatically after 12 months without using the app or changing data.

5. Availability of Services

We develop the Services continuously, so their form and nature change over time as described in section 2.6.

KineApps cannot guarantee that the Services will be continuously available without interruption. You acknowledge and agree that the Services may be temporarily unavailable for causes beyond KineApps's control.

6. Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

You keep all rights to your Content. You grant KineApps a worldwide, non-exclusive, royalty-free licence to store, copy, display and transmit your Content only as needed to provide the Service to you and to the members of the groups you share it with, including keeping backups. The licence ends when your Content is deleted from the Service, subject to the retention periods in the Privacy Policy.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person, and (iii) where your Content contains information about other people, you have the right to use it.

7. Shared Groups

The owner of a shared group adds members by email address, gives each member a role (admin, driver or viewer) and chooses which vehicles are shared with them.

All members see the shared vehicles and their logs, the group name, and the name, email address and profile photo of every other member. Each entry shows which member created it.

If you add another person's email address to your group, you are responsible for having their permission and for telling them about the Privacy Policy.

Data you add to a group stays in the group. You can delete your own entries in the app while you are a member with edit rights, the owner can delete group data, and you can remove all your contributions by choosing "Delete from external accounts any data I added as a user group member" when you delete your account. Leaving a group or deleting your account does not by itself remove the data you added.

8. Intellectual Property

KineApps grants you a personal, non-exclusive, non-transferable licence to use the app on devices you own or control, under these Terms. If you got the app from the Apple App Store, your licence to the app is given by Apple's Licensed Application End User License Agreement; these Terms govern the Service.

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of KineApps and its licensors. The Service is protected by copyright, trademark, and other laws of Finland and other countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of KineApps.

9. Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by KineApps.

KineApps has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that KineApps shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such 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.

10. Privacy

How we process your personal data is described in the My Car Privacy Policy.

11. Feedback

Suggestions, ideas and other feedback about the Service that you send us ("Feedback") are non-confidential. Feedback does not include your Content or your personal data. You grant KineApps a worldwide, non-exclusive, perpetual, irrevocable, royalty-free and transferable licence to use Feedback to develop and improve the Service and our other products, without compensation.

12. Use Restrictions

Except as mandatory law permits, you may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services. You will not sell, resell, license, sublicense, distribute, rent or lease the Services to any third party.

Except as mandatory law permits, you may not use bots, scrapers, crawlers or other automated means to access the Service or collect data from it, or use data from the Service to train artificial intelligence or machine-learning models. This does not apply to your own Content that you export with the app's export features.

13. Disclaimer

The Service is provided "as is" and "as available". This does not affect your statutory right as a consumer to a Service, including its paid features, that conforms to the contract for the whole time we supply it, nor your remedies if it does not. To the extent the law allows, KineApps gives no other warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Subject to the above, KineApps, its subsidiaries, affiliates, and its licensors do not 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.

Reminders, statistics and cost figures in the app are aids based on the data you enter. Check the maintenance of your vehicle against the manufacturer's service schedule.

14. Limitation Of Liability

To the extent the law allows, KineApps, its directors, employees, partners, agents, suppliers and affiliates are not liable for any indirect, incidental, special, consequential or punitive damages, including loss of profits, use or goodwill, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content.

To the extent the law allows, KineApps is not liable for the loss of data kept only on your own device, or of data you could have restored from your own export. Keep exports of data that is important to you.

To the extent the law allows, KineApps' total liability for all claims relating to the Service is limited to the Subscription fees you paid in the 12 months before the event that gave rise to the claim.

These limitations do not apply to damage caused intentionally or by gross negligence. Nothing in these Terms limits any rights you have as a consumer under mandatory law that cannot be waived by contract.

15. Governing Law

These Terms shall be governed and construed in accordance with the laws of Finland, without regard to its conflict of law provisions. If you are a consumer, you also keep the protection of the mandatory consumer law of your country of residence.

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 us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

16. Changes

We change these Terms only for valid reasons, such as changes to the Service, to the law, or to the terms of our service providers or the Stores. The "Last updated" date at the bottom shows the current version. We will notify you in the app of material changes before they take effect, with the notice required by law, and obtain your agreement where required. Smaller changes, such as clarifications, are made without notice. If you do not accept a change, you can stop using the Service and cancel your Subscription in the Store, and we may end the contract under section 4.

17. Contact Us

KineApps Ltd, Finland, Business ID 3257225-7. Questions about these Terms: info@kineapps.com. App support: mycar@kineapps.com.

If we cannot resolve a complaint, you can refer it to the Finnish Consumer Disputes Board or to the consumer dispute body of your country of residence.