Last updated: April 12, 2021
These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with My Car application and related services ("Service", "Services") offered by KineApps ("us", "we", or "our").
Please read these Terms and Conditions carefully before using our My Car application (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 then you may not access the Service.
Some features of the Service ("Premium Feature(s)") require an active 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.
Subscription is purchased within the Service. Purchases are managed by Apple App Store, Google Play or Microsoft Store ("Store").
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it. You may cancel your Subscription renewal through the Store whenever you want. Your Subscription will be valid until the end of the current Billing Cycle.
Some features of the Subscription require an Apple account or a Google account for authenticating with the My Car Backend Service ("Backend Service").
Subscription includes a limited storage space on the Backend Service depending on the type of Subscription plan you select when purchasing a Subscription. Limitations are described in the Subscription plan description. If you try to exceed the specified storage limit, some Premium Features stop working properly until you free up some storage space.
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 before the end of the trial, you won't be charged.
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. Your data on Backend Service will be deleted within 90 days after your Subscription has expired.
KineApps, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
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.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable.
KineApps, in its sole discretion and at any time, may make any changes to the Premium Features. A previously free feature may be changed as a Premium Feature or a Premium Feature may be changed as a free feature, new Premium Features may be added or deprecated Premium Features may be removed.
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 constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
Due to the continuing development and improvement of Services, the availability of Services is subject to change. You acknowledge and agree that the form and nature of the Services may change from time to time without prior notice to you.
KineApps will do its best to keep its Services available at all times. However, 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.
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.
By posting Content to the Service, you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights.
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, and (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.
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 both the Finland and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of KineApps.
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.
We respect your privacy and will only use personal information in accordance with our Privacy Policy.
We consider any suggestions, ideas, proposals or other material submitted by users, whether solicited or unsolicited (collectively, the "Material"), to be non-confidential and non-proprietary. We shall not be liable for the disclosure, use or exploitation of such Material. You hereby grant to KineApps a worldwide, non-exclusive, perpetual, irrevocable, royalty-free and transferable right and license to incorporate, use, publish and exploit the Material for any purpose whatsoever, commercial or otherwise, without compensation or accounting.
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 make the Services available for the benefit of any third party, or sell, resell, license, sublicense, distribute, rent or lease the Services to any third party for any purpose, commercial or otherwise.
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.
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.
In no event shall KineApps, nor its 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 (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, 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.
These Terms shall be governed and construed in accordance with the laws of Finland, 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 us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days 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 those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
If you have any questions about these Terms, please contact us at info@kineapps.com.