Legal

Terms of Use

THESE TERMS OF USE (the “TOU”) shall govern your rights and obligations regarding the use of the CARTIN’ application (the “App”) and/or associated website www.cartin.app (the “Site”). The App and the Site shall collectively be referred to herein as the “Service.” These TOU constitute a fully binding agreement between you, and JCA Technologies LLC (“JCA”, “Us”, “Our”, or “We”) who is the sole and exclusive proprietor of any and all rights in and to the Service. We strongly recommend that you carefully read these TOU. The Service is provided by JCA Technologies LLC, located in the State of Florida.

By using JCA’s Service, you acknowledge and agree to these TOU, as well as JCA’s Privacy Policy (“Privacy Policy”). Before accessing or using our Products and/or Services, please ensure that you have read the Privacy Policy carefully, and understand how we collect, store, use, and disclose your personal information as described herein.

These TOU explain what you can expect from us and what we can expect from you in connection with your use of the Service. By accessing or using the Service (including by downloading any mobile application we may offer from time to time), you signify that you have read, understood, and agree to be bound by these TOU, whether or not you are a registered user of our Service. These TOU apply to all visitors and subscribers who access or use the Service.

PLEASE READ THIS TOU CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION, AS THIS TOU CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS ON DAMAGES YOU MAY CLAIM AGAINST US AND INDEMNIFICATION OBLIGATIONS YOU MAY OWE TO US. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT, EXCEPT WHERE PROHIBITED BY APPLICABLE LAWS, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

BY ACCESSING OR USING THE SERVICE, YOU INDICATE YOUR CONSENT TO THIS TOU AND TO THE PRIVACY POLICY.

ABOUT THE SERVICE

The Service is a social navigation app that allows drivers to navigate to their desired destination. It allows drivers and users to assemble and update maps to reflect road conditions and occurrences on them, such as traffic congestions, road accidents, police roadblocks, etc. The Service is provided mainly through the App.

IMPORTANT INFORMATION

The following important information of these TOU are highlighted for your convenience only. These points are not meant to replace the full TOU and do not supersede or override any other TOU or conditions provided by JCA.

  • Road information takes precedence. The navigation information provided by the Service is not intended to replace the information available on the road, such as travel directions, time-based restrictions, lane restrictions, road blockades, traffic signs, traffic lights, police instructions, and so on. You should always be aware of, and abide by, all posted speed limit and all other applicable traffic signs (this is because things like road construction and web-based information may not always being current and/or accurate).
  • Always drive cautiously and adhere to road conditions and traffic laws. It is strictly prohibited to send traffic updates (like updates on road accidents or traffic congestion) or engage in any non-verbal interaction with the Service or use the Service in a non-verbal manner for any purpose other than navigation while driving. Traffic updates or non-verbal reports you want to submit to the Service can only be sent after you have stopped your vehicle in a lawful location. Alternatively, such updates can be sent by a passenger other than the driver, provided it does not interfere with the safe driving course and does not distract the driver’s attention from the road.
  • The navigation information provided by the Service is not continuous. It originates from other users of the Service and is inherently fluctuating, potentially inaccurate, incomplete, or outdated. JCA does not provide any warranties (implied or expressed) of any kind whatsoever regarding the credibility or reliability of this navigation information.
  • Low Speed Vehicles (“LSV”) typically do not meet the safety features of standard vehicles (e.g., airbags, doors, lights, etc.), nor do LSV’s have the robust structural and/or safety precautions to handle impact. You should aways be careful and cautious when operating your LSV. Driving a LSV recklessly or irresponsibly can lead to extreme bodily harm and even death. You should always think twice before making the decision to drive your LSV on public roadways. It can be extremely dangerous.
  • Location-based features of the Service utilize detailed location and route information, such as GPS signals and other data sent by your mobile device when the App is installed and activated. These features cannot be provided without utilizing this technology. For more details, please refer to our Privacy Policy.
  • JCA allows you to use the Service whether or not you choose to set up a username/account for yourself. If you choose to use the Service without setting up a username/account you may do so by skipping the username/account setup stage of the application installation process. However, please note that JCA will still link all of your information with your account and a unique identifier generated by JCA in accordance with the Privacy Policy. Note that in order to access certain features of the Service (for example map editing, ranking, moods) you will need to set up a username/account.
  • Advertisements. Advertisements may appear on the Service from time to time. JCA does not endorse these advertisements, and the advertisements are not intended to be, nor should they be, viewed by drivers unless and until their vehicle has come to a complete stop.
  • The Internet connection required to use the Service, and any associated charges (e.g. mobile data expenses) incurred by your use of the Service are your exclusive responsibility and made solely at your expense. Transmitting and receiving real-time updates to and from the Service, requires an online (e.g. Wi-Fi, 3G, 4G) connection between your cellular device and the Internet. The expenses of such connection are as prescribed by the agreement between you and your communication service provider (such as your cellular company), and according to their applicable terms of payment.
  • Your age: The Service is intended for use by users who are of the legal age required to hold a driving license. In any case, to use our Service you must be sixteen (16) years of age or older. Anyone under sixteen (16) years of age is strictly prohibited from creating an account for the Service without explicit parental consent (or other age to the extent that your jurisdiction requires). If JCA is notified or has a reasonable belief that a username/account belongs to a user who is under the age of sixteen (16) years, the account will be deleted without further notice.

By providing consent for a child who is under the age of sixteen (16) years to use the Service, parents and guardians agree to: (i) be fully responsible for and exercise oversight of the child’s use of the Services, including ensuring that such use is always in accordance with this TOU, all documents referenced in this TOU, and all applicable laws; (ii) to be fully responsible and liable for the child’s compliance with this TOU and the child’s use of the Services; and (iii) to be fully responsible for the disclaimers, waivers, and limitations of liability set out in this TOU on your own behalf and on the child’s behalf, and all references to “you” or “your” throughout this TOU will be deemed amended to include your child or your ward, as applicable. The Service is not available to any person previously removed from the Service by JCA.

USING THE SERVICE

You may use the Service solely for private and personal purposes. You may not use the Service commercially. For example, you may not: (i) offer to third parties a service of your own that uses the Service; (ii) resell the Service; (iii) offer to rent or lease the Service; or (iv) offer the Service to the public via communication or integrate it within a service of your own, without the prior written consent of JCA. For clarity, the examples listed are made for illustrative purposes only; they do not constitute an exhaustive list of restricted activities involving the Service. You may not copy, print, save, or otherwise use data from the Service’s database. This clause does not limit the use of the database as intended by the Service and for the purposes of private and personal use of the Service.

When using the Service, you may not engage in scraping, data mining, harvesting, screen scraping, data aggregating, and indexing. You agree that you will not use any robot, spider, scraper, or other automated means to access the Service’s database for any purpose without the express prior written permission of JCA.

The Service may not be used in any way that is not expressly permitted by these TOU.

GRANT OF LICENSE

JCA hereby grants you a free of charge, non-exclusive, time-limited, non-transferable, non-sub-licensable, revocable license to use the Service (including the App) on a single device that you own or control for your personal, non-commercial use only, and as permitted by the features of the Service, subject to these TOU. JCA reserves all rights of any kind whatsoever, not expressly granted herein, in the Services. JCA may terminate this licensed right at any time if you materially or repeatedly fail to comply with any of the provisions set out in this TOU or directions provided by our representatives, for any reason outside of our control, or if we stop providing the Service.

By posting any information (or Content as defined below) on the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to JCA a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such information, and your name, image, voice, and/or likeness as contained in your username/account, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, throughout the universe in perpetuity, for use in connection with operating, developing, marketing, providing, and improving the Service.

YOUR USER CONTENT

The Service allows you to submit and post information and content to other users (“Content”). Content is separate from advertisements that may appear on the Service. Content can include, for example, map and road updates, traffic congestion updates, road accidents, etc. You assume sole responsibility for any Content you post and you alone are liable for the consequences when you post Content. You Content shall become a part of the Service as per the license granted pursuant to these TOU.

ALWAYS DRIVE VIGILANTLY ACCORDING TO ROAD CONDITIONS AND IN ACCORDANCE WITH TRAFFIC LAWS. IT IS STRICTLY FORBIDDEN TO SEND ANY CONTENT, INCLUDING, WITHOUT LIMITATION, TRAFFIC UPDATES (SUCH AS UPDATES ON ROAD ACCIDENTS AND TRAFFIC CONGESTION), WHILE DRIVING. YOUR CONTENT SUBMISSIONS MAY ONLY BE SENT AFTER YOU HAVE STOPPED YOUR VEHICLE IN AN APPROPRIATE LOCATION PERMITTED BY LAW. ALTERNATIVELY, CONTENT MAY BE SENT BY A PASSENGER OTHER THAN THE DRIVER, PROVIDED IT DOES NOT INTERFERE WITH THE DUE COURSE OF DRIVING AND DOES NOT DISTRACT THE DRIVER.

FORBIDDEN CONTENT POSTS

It is forbidden to submit Content of a commercial nature (including advertising), unless such posts pertain to JCA, the Service, or JCA’s products, and such Content strictly complies with these TOU.

When you submit Content to be published by the Service, you must make sure it is lawful. For example, you may not submit Content that:

  • is diminishing or infringing proprietary rights of others, including but not limited to copyright and trademarks;
  • poses a risk to a person’s safety, security or health; identifies other persons without obtaining such person’s express written consent to the disclosure of their personal information, or pertains to minors and identifies minors or their personal information, including their full name, age, address or contact information;
  • is unlawful, defamatory, libelous or invades the privacy of others; is harassing, offensive, threatening or vulgar; is characterized by, or that encourages racism or unlawfully discriminates on the basis of race, origin, ethnicity, nationality, religion, gender, occupation, sexual orientation, illness, physical or mental disability, faith, political view or socio-economical class;
  • encourages criminal behavior or conduct that would constitute a criminal offense under any law, or could give rise to civil liability or other lawsuit;
  • promotes pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law or under these TOU;
  • falsely expresses or implies that such content is sponsored or endorsed by JCA. The foregoing examples of unlawful Content are made solely for illustrative purposes and do not constitute an exhaustive list of restricted Content.

JCA may decline to publish, or immediately delete any Content you submit if you or the Content have violated these TOU, or if you engaged in any act or omission that is harmful or may be harmful to the Service, its users, JCA, or any of its agents or affiliates. In such cases, JCA may also terminate your access to the Service or prevent you from posting additional Content on the Service. The provisions of this clause are made in addition to any additional rights afforded to JCA by any law.

USE RESTRICTIONS

There are certain types of conduct that are strictly prohibited on the Service. Please read the following restrictions carefully. Your failure to comply with the provisions set forth below may result, in JCA’s sole and absolute discretion, in the termination of your access to the Service and may also expose you to civil and/or criminal liability.

You may not, whether yourself or through any other means or person:

(i) copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Service, or in any way or publicly display, perform, or distribute them;

(ii) make any use of the Service on any other website or networked computer environment for any purpose, or replicate or copy the Service without JCA’s prior written consent;

(iii) create a browser or border environment around the Service (e.g. no frames or inline linking);

(iv) interfere with or violate any third party or other user’s right to privacy or other rights, including copyrights and any other intellectual property rights of others, or harvest or collect personal information about visitors or users of the Service without their express consent, including using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine;

(v) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others’ copyrights, and other intellectual property rights;

(vi) transmit or otherwise make available in connection with the Service any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;

(vii) interfere with or disrupt the operation of the Service, or the servers or networks that host the Service or make the Service available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;

(viii) sell, license, or exploit for any commercial purposes any use of or access to the Service;

(ix) frame or mirror any part of the Service without JCA’s prior express written authorization;

(x) create a database by systematically downloading and storing all or any information of any kind from the Service;

(xi) forward any data generated from the Service without the prior written consent of JCA;

(xii) use profanity and/or inappropriate language while using the Service, and specifically when submitting reports or communications with other users of the Service;

(xiii) intentionally submit false reports and/or map edits on the Service;

(xiv) transfer or assign your Service accounts’ password, even temporarily, to a third-party;

(xv) use the Service for any illegal, immoral, or unauthorized purpose;

(xvi) use the Service for non-personal or commercial purposes without JCA’s express prior written consent; or

(xvii) infringe or violate any of these TOU.

EXAMINATION OF YOUR CONTENT

JCA may examine the Content before or after its publication, prevent publication of inappropriate or otherwise inadequate or erroneous Content, or remove such Content after its publication. JCA does not normally utilize its right to monitor Content and does so only in rare cases. JCA retains sole discretion in determining which Content will be published, the duration of its publication, its location, how and when it appears on the Service, its design and any other matter pertaining to the publication of Content within the Service. JCA does not guarantee that all Content will be published, in general or for any limited time. Content submitted by you and other users for publication does not reflect the views of JCA. Publishing Content does not warrant its validity, reliability, accuracy, legality, or it being up to date. If you choose to give us feedback, such as suggestions to improve our Service, we may act on your feedback without obligation to you.

RIGHTS IN YOUR CONTENT

When you submit Content to be published on the Service, you represent and warrant that you own all intellectual property rights in and to the Content, that you are permitted to publish the Content, and that you permit JCA to publish the Content and exploit all intellectual property rights in and to the Content. JCA receives no ownership rights in and to the Content that you submit. However, by submitting Content to JCA, you hereby grant JCA and the users of the Service an irrevocable, worldwide, perpetual, non-exclusive, royalty-free, sub-licensable and transferable license to use, copy, distribute, prepare derivative works, display in public and publicly perform the Content whether in connection with the Service or otherwise. The license granted to JCA in and to the Content you submit is not limited to personal use, but also extends to any commercial use of Content, at JCA’s sole and absolute discretion. However, other users may only use your Content for non-commercial purposes, unless JCA provides them with a prior written consent to use your Content for commercial purposes (for the purpose of which you authorize JCA to be your agent).

COPYRIGHT OWNERSHIP

All intellectual property rights in and to the Service and its database, including, without limitation, copyrights, trademarks, industrial designs, patents, trade secrets, information, software, images, text, graphics, illustrations, logos, service marks, photographs, audio, videos, music, content, reports, features, functionality, design, presentation, analyses and data that is otherwise generated, collected or transmitted through the Service, are either the sole and exclusive property of JCA or its affiliates, or are exclusively licensed to JCA. The Service is protected, among others, by Copyright Laws of the United States of America as well as by applicable copyright provisions prescribed by any other law, in the U.S. and elsewhere. “JCA”, the JCA logo, “Cartin’”, the “Cartin’ logo, and other trade and/or service marks are the sole and exclusive property of JCA or its affiliates, and you may not use such logos or marks for any purpose that is not expressly authorized in these TOU without the prior written consent of JCA.

The design, trade dress, and the ‘look and feel’ of the maps of the Service are protected works under applicable copyright laws and JCA and its affiliates retain all intellectual property rights in and to the Service. The license granted to you in these TOU does not extend to or include a license to use the maps displayed on the Service or any mark, indicator, logo or notation embedded in the maps that are displayed on the Service. You may not copy, or print more than one copy, of any data or material appearing on the Site.

JCA may protect the Service by technological means intended to prevent unauthorized use of the Service. You undertake not to circumvent these means. Without derogating from JCA’s rights under these TOU, or under any applicable law, you are advised that any attempted or actual infringement of this provision will result in the termination of all your rights under these TOU. If you circumvent any of the means taken by JCA to protect the Service from unauthorized use, you must immediately cease any and all use of the Service, and you undertake to do so.

COMMUNICATIONS

To provide the Service to you, we sometimes send you service announcements and other information. To learn more about how we communicate with you, see JCA’s Privacy Policy.

TERMINATION OF USE OF THE SERVICE

We may, without prior notice, change the Services; stop providing the Services or any features of the Services, to you, or create usage limits for the Services, in order to make performance or security improvements, to comply with the law, or to prevent illegal activities on or abuse of our Services, or if elements of the Services are no longer able to be provided by us (for example, if an underlying Third Party Service Provider no longer provides them). JCA reserves the right to block your access to the Service and discontinue your use of the Service, at any time and for any reason JCA deems appropriate, at its sole and absolute discretion. We may permanently or temporarily terminate or suspend your access to the Services without notice and liability if in our reasonable opinion, e.g.: (i) you materially or repeatedly violate any provision of this Agreement, (ii) if your account has been inactive for twelve (12) months or more, or (iii) for any reason outside our control or if we stop providing the Services.

You may terminate your use of the Service at any time and for whatever reason. You are not obligated to advise JCA of such termination. However, if you would also like JCA to delete your JCA account and your personal information contained in the account, please contact JCA with such request in writing whether through the App or via JCA’s customer service representative contact. Upon receiving such a request, JCA will use reasonable efforts to delete such information. However, please note that information may not be deleted immediately from our back-up systems. For more information, please read our Privacy Policy.

DOWNLOADING THE APP

When you download our App from the Apple App Store, Google Play, or other app store or app distribution platform (an “App Store”), you acknowledge and agree that:

(i) these Terms are concluded between us, and not with the App Store, and that we (not the App Store), are solely responsible for our App;

(ii) the App Store has no obligation to furnish any maintenance and support services with respect to our App or handle any warranty claims;

(iii) the App Store is not responsible for addressing any claims you have relating to our App, including product liability claims, consumer protection claims, intellectual property infringement claims, or any claim that our App fails to conform to any applicable legal or regulatory requirement; and,

(iv) the App Store is a third-party beneficiary of these Terms and has the right to enforce these Terms against you (as it relates to your license of our App through their App Store). You must also comply with the App Store's terms of service when using our App.

EXPORT CONTROL

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.

SECURITY

JCA cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

BILLING AND PAYMENT TERMS

This section provides additional policies and information regarding JCA’s billing practices, pricing, and payment terms.

(a) Billing Policies

If you choose to utilize subscription features for use of the Service, you acknowledge and agree to the pricing and payment terms displayed when you subscribe. JCA reserves the right to introduce new features that may incur additional fees and charges, or modify existing fees and charges for existing services, at any time in our sole discretion. Any changes to our pricing or payment terms will only apply to you and will become effective in the billing cycle following at least 30 days’ notice to you.

JCA is not responsible for all the mobile data usage resulting from the use of the Service. For any questions related to billing, please consult your mobile network provider, as data rate charges and limits may apply.

(b) Pricing and Payment Terms

All subscription fees, including applicable taxes and other charges, are payable in advance at the beginning of your subscription term. Additionally, these fees will be charged at the then-current subscription fee at the start of each subsequent billing period.

You may have the option to pay your subscription fee on a 4-day only basis ("4-day Subscription”), a monthly basis (a Monthly Subscription”), or on an annual basis (an “Annual Subscription"). Your subscription with us will automatically renew until you cancel it. If you have a 4-day Subscription, we (or our third-party payment processor) will automatically charge you upon commencement of the 4-day Subscription, and the period of use of the Service shall be limited to 4 days only, after which time the Service will automatically terminate. If you have a Monthly Subscription, we (or our third-party payment processor) will automatically charge you each month on the anniversary of the commencement of your Monthly Subscription, using the payment information you have provided until you cancel your Monthly Subscription. If you have an Annual Subscription, we (or our third-party payment processor) will automatically charge you annually on the anniversary of the commencement of your Annual Subscription, using the payment information you have provided, until you cancel your Annual Subscription. If you have an Annual Subscription, we will send you a reminder at least thirty (30) days prior to each renewal with the then-current Subscription Fee. We may send additional reminders for other subscriptions as required. We reserve the right to change our subscription fees for 4-day, Monthly, and/or Annual Subscriptions fees at any time for any reason. We will provide you advance notice of any increase in the subscription fees applicable to your subscription.

If you modify or upgrade your subscription plan, your billing date may also change. If you change from a Monthly Subscription to an Annual Subscription, on your next billing date you will be charged the then-current subscription fee for the Annual plan, and your Annual Subscription will automatically renew on a n annual basis. If you decide to change from an Annual Subscription to a Monthly Subscription, at the next renewal date for your Annual Subscription, you will be charged the then-current subscription fee for the Monthly Subscription which will automatically renew on a monthly basis.

(b) Payment Methods

JCA accepts most major credit and debit cards. It also accepts in-app payments from third-party platforms like Apple or Google. If JCA encounters an issue with charging your card (e.g., an expired credit card), JCA will notify you to update your card information. You’ll have a seven (7) day grace period to update your billing details. If the account remains unupdated within this period of time, JCA may terminate your subscription immediately.

By purchasing a subscription (each a “Transaction”), you explicitly authorize us (or our third-party payment processor) to charge you for such Transaction. We may request additional information relevant to your Transaction, including your credit card number, expiration date, email, and postal addresses for billing and notifications. This information, known as “Payment Information,” represents the legal right to use all payment methods you provide. You acknowledge and agree that we have no liability of any kind whatsoever for any actions or omissions by your payment provider.

When initiating a Transaction, you authorize us to share your Payment Information with third parties to complete the transaction and charge your payment method for the selected type of transaction (plus applicable taxes and other charges). You may need to provide additional information to verify your identity before completing the transaction. This information is included within the definition of Payment Information.

JCA is not liable for any charges or expenses you incur due to charges billed by JCA in accordance with this Agreement (e.g., overdrawn accounts or exceeding credit card limits). By providing a credit card number or other payment method with advance authorization features (e.g., certain PayPal accounts or in-app payments from third parties like Apple or Google), you grant JCA permission to continue charging the payment method for all charges due to JCA, including taxes, until your account is settled and your subscription is terminated by either you or JCA. JCA, in its sole discretion, reserves the right to limit the number of accounts that may be charged to a credit card or other payment or identification method per unique user.

(c) Pricing Changes

Subscription prices may change periodically to reflect inflation or evolving business requirements. If such a change occurs and you currently have a subscription, JCA will provide you with advance notice via email (or, if you haven’t provided a valid email address, through the Services or another available method) before the price change takes effect. If you no longer wish to continue at the new price, you can cancel your applicable subscription plan before the price increase becomes active by following the instructions in the Section below (Cancel Your Subscription or Close Your Account).

(c) Refunds

You can cancel your subscription and account anytime, as per the Section below (Cancel Your Subscription or Close Your Account). However, except as specified in that Section or prohibited by applicable law, there are no refunds for unused time on a subscription, any license or subscription fees for a portion of the Service, any content or data associated with your account, or for any other charges. When you cancel any features, your subscription remains valid, and you’ll continue to access those features until the end of your current paid period. For instance, if you buy an annual subscription and cancel it two (2) months into the year, you won’t receive a refund for the remaining months. Instead, you’ll enjoy the features for the ten (10) months you’ve already paid for.

(d) Payment Information; Taxes

All information that you provide in connection with a purchase or Transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase, or Transaction, or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, Transactions, or other monetary transaction interactions.

CANCEL YOUR SUBSCRIPTION OR CLOSE YOUR ACCOUNT

You can cancel your subscription or close your account at any time, subject to the terms of this TOU.

If you purchased a subscription through the Apple App Store or Google Play Store, you must cancel your subscription and recurring payments in those app stores to avoid future charges.

LIMITATION OF LIABILITY AND WARRANTY

THIS SERVICE IS PROVIDED BY THE JCA AND ITS AFFILIATES FOR “USE ON AN AS IS" AND “AS AVAILABLE” BASIS. THE SERVICE CANNOT BE CUSTOMIZED TO FULFILL THE NEEDS OF EACH AND EVERY USER. JCA HEREBY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, FEATURES, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY, OR ACCURACY. IN NO EVENT SHALL JCA OR ITS AFFILIATES EVER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Additionally, and without derogating from the above clause, JCA disclaims any warranties relating to the accuracy of the maps, Content, road conditions, driving directions, or navigation routes presented or displayed in or by the Service. For instance, traffic may be congested in roads depicted by the Service as uncongested; existing roads may be missing from the map; users may submit faulty or inaccurate Content or reports. Such errors and omissions are inherent to any community-based service that operates on users’ posts and on the information provided by them.

You agree and acknowledge that you assume full, exclusive and sole responsibility for the use of and reliance on the Service, and you further agree and acknowledge that your use of or reliance on the Service is made entirely at your own risk. You further acknowledge that it is your responsibility to comply with all applicable laws (including traffic laws) while using the Service.

THE NAVIGATION INFORMATION PROVIDED BY THE SERVICE IS NOT INTENDED TO REPLACE THE INFORMATION PRESENTED ON THE ROAD. IN THE EVENT THAT THE INFORMATION PRESENTED ON THE ROAD (TRAFFIC LIGHTS, TRAFFIC SIGNS, POLICE PERSON, ETC.) INSTRUCTS DIFFERENTLY THAN THE SERVICE, YOU MUST NOT RELY ON THE SERVICE.

JCA exerts efforts to provide you with a high quality and satisfactory service. However, we do not warrant that the Service will operate in an uninterrupted or error-free manner, or that it will always be available or free from all harmful components, or that it is safe, secured from unauthorized access to JCA’s computers, immune from damages, free of malfunctions, bugs or failures, including, but not limited to hardware failures, software failures and software communication failures, originating either in JCA or any of its providers.

JCA, INCLUDING ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE SERVICE, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF OR ANYONE ACTING ON ITS BEHALF, OR FROM YOUR RELIANCE ON THE CONTENT OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, CONTENT ORIGINATING FROM THIRD PARTIES, OR FROM ANY COMMUNICATION WITH THE SERVICE, OR WITH OTHER USERS ON OR THROUGH THE SERVICE, OR FROM ANY DENIAL OR CANCELLATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE SERVICE. IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO CORRECTING SUCH ERRORS, OR MALFUNCTIONS, AND IN LIGHT OF THE RELEVANT CIRCUMSTANCES.

THE LIMITATIONS OF LIABILITY IN THIS SECTION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. NOTHING IN THIS TOU SHALL AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.

All legal actions arising with respect to the Service shall, unless prohibited by applicable law, be barred unless written notice thereof is received by JCA within one (1) event giving rise to such legal action. Failure to file a lawsuit within the aforementioned year from the date of the timeframe will bring about the permanent barring of the cause of action, and will constitute your complete and final waiving of the lawsuit.

INDEMNIFICATION

This section does not apply to users who are resident in the UK, EU, EEA or any other jurisdiction where this indemnity is not allowable under applicable law. To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless JCA and our subsidiaries, agents/mandataries, licensors, managers, and other affiliated companies, and their employees, contractors, agents/mandataries, officers and directors, as well as all third party advertisers of Ads, from and against any and all claims, damages, causes of action, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees and costs) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this TOU, including without limitation your breach or threatened breach of any of the representations, warranties, obligations, or agreements herein; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property rights; (iv) your violation of any applicable law, rule, or regulation; (v) any claim or damages that arise as a result of any of your Content, or any Content or other information that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password, or other appropriate security code.

LINKS AND COMMERCIAL INFORMATION IN THE SERVICE

The Service may include commercial information or advertisements (for example, pins indicating the locations of certain establishments, their commercial offers, coupons, etc. (“Ads”). The Ads may pop up or be displayed on the Service maps from time to time. JCA may post Ads on the Service but more often than not, the source of such Ads is third parties, and as such, JCA cannot and does not guarantee the reliability or accuracy of third-party Ads. JCA does not endorse the content of third-party Ads. Additionally, and without derogating from the previous sentence, JCA will not be liable for any form of liability arising from your reliance on, or in connection with, the use of the content of Ads posted on the Service.

The advertising of commercial content by JCA does not constitute a recommendation or encouragement to procure the goods or services advertised.

Insofar as the Service includes links to services or applications not operated or managed by JCA, JCA will not be liable for any form of liability arising from your reliance on, or in connection with, the content of such services and applications or any information provided by them, including but not limited to its completeness, accuracy, correctness or it being up to date. JCA will not be liable for any direct or indirect damage, monetary or otherwise, arising from your use of or your reliance on the content of goods or services you have accessed via Ads or other links on the Service.

YOU MUST NOT ATTEMPT TO VIEW OR CLICK ON ANY ADS WHILE OPERATING A VEHICLE. YOU ALONE ARE RESPONSIBLE FOR DRIVING RESPONSIBLY, AND YOU ACKNOWLEDGE AND AGREE THAT IN THE EVENT THAT YOU VIOLATE THE FOREGOING PROVISION, JCA (INCLUDING ITS AFFILIATES AND STAFF) AND/OR THE THIRD PARTY ADVERTISERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT (INCLUDING NEGLIGENCE), CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE DISPLAY OF THE ADS ON THE SERVICE OR YOUR VIEWING OF THE ADS ON THE SERVICE.

JCA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE, OR ANY HYPERLINKED WEBSITE OR SERVICE, AND JCA WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

PRIVACY

JCA respects your privacy during your use of the Service. Our Privacy Policy pertaining to the Service is readily accessible. We will notify you in the event we make any material changes in our Privacy Policy. However, since the Privacy Policy is subject to periodic updates, it is recommended that you periodically review the policy for updates as well.

MODIFICATIONS TO THE SERVICE

JCA may, either partially or in its entirety, and without being obligated to provide prior notice to you, modify, adapt, or change the Service, the Service’s features, the user interface and design, the extent and availability of the contents in the Service and any other aspect related to the Service. You will have no claim, complaint, or demand against JCA for applying such changes or for failures incidental to such changes.

TERMINATION OF SERVICE

JCA may, at any time, terminate the provision of the Service in its entirety or any part thereof, temporarily or permanently, at its sole and absolute discretion.

GOVERNING LAW AND JURISDICTION

These TOU will be governed solely by the laws of the State of Floria, without giving effect to any conflicts of law principles. Any dispute, claim or controversy arising out of, connected with or relating to these TOU and the Service, will be under the exclusive venue and jurisdiction of Orange County, Florida, USA. YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY.

DISPUTE RESOLUTION, ARBITRATION

READ THIS SECTION CAREFULLY BECAUSE, EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES.

The term “Disputes,” as used in this section, is intended to be interpreted broadly and includes any claim, dispute, or controversy between us that arises out of or relates to this TOU, this clause, and/or any and all use of the Service whether based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes all threshold issue of arbitrability including the validity, enforceability, or scope of this clause. The only Disputes excluded from this obligation to arbitration are: (1) claims that could be brought in small claims court; and (2) JCA’s claims for injunctive or other equitable relief.

You must send written notice of any dispute you have with JCA to us at least sixty (60) days before filing a demand for arbitration pursuant to the following paragraphs. Your notice of dispute should be sent to us at our official address or email address below to give us the opportunity to resolve your dispute informally. You agree to try to reasonably negotiate a resolution of your dispute in good faith for the duration of the 60-day period. If we are unable to resolve your dispute, then you may file a demand for arbitration pursuant to the paragraphs that follow.

In the unlikely event that we have not been able to resolve your dispute after sixty (60) days, except where prohibited by applicable law, we each agree to resolve all Disputes (except the small claims and equitable claims excluded above) by binding arbitration brought before the arbitration body indicated below. Arbitration shall be conducted by the American Arbitration Association’s International Centre for Dispute Resolution in accordance with its Expedited Commercial Rules in force as of the date of this TOU. The parties will mutually select one arbitrator. The arbitration will be conducted in English, in Orange County, Florida, USA. The arbitral award will be final and binding on the parties and its execution may be presented in any competent court, including any court with jurisdiction over either party. Each party will be responsible for paying their own arbitration filing, administrative, and arbitrator fees in accordance with the applicable rules. The award rendered by the arbitrator shall include costs of arbitration and reasonable costs for expert and other witnesses, and any judgement on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. In addition, reasonable attorneys’ fees shall be awardable to the prevailing party of such arbitration proceeding. Any arbitration proceeding conducted in accordance with this Section will be considered Confidential Information, including, without limitation, the existence of any information disclosed during, and any oral communications or documents related to, the arbitration proceedings or prior negotiations. The parties may disclose information regarding the arbitration proceeding to a competent court as may be necessary to file any order or execute any arbitral decision, but the parties must request that those judicial proceedings be conducted in camera (in private).

CLASS ACTION WAIVER

ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

Any attempted transfer or assignment by you in violation hereof shall be null and void.

ASSIGNMENT OF RIGHTS

You may not assign or transfer your rights in and to the Service, without the prior written consent of JCA. JCA may assign its rights in and to the Service to a third party at its sole and absolute discretion, at any time, without restriction, provided that the third party undertakes JCA’s obligations to you under these TOU.

COMPLETE TERMS

These TOU, together with JCA Privacy Policy, shall all constitute the entire and complete agreement between you and JCA concerning the JCA Service. In the event of an inconsistency between these TOU and other documents in connection with Service, these TOU shall prevail.

NO WAIVER

No waiver of any term of this TOU shall be deemed a further or continuing waiver of such term or any other term, and JCA’s failure to assert any right or provision under this TOU shall not constitute a waiver of such right or provision.

NO LEGAL RELATIONSHIP

These TOU, and your use of the Service, including the submission of Content onto the Service, do not, and shall not be construed as creating any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship in any way and of any kind between the parties hereto. Your use of the Service is intended for your enjoyment and benefit and the provision of the Service to you (subject to your compliance with these TOU) constitutes the sole and sufficient consideration that you are entitled to receive for any Content or other contributions you have made to JCA’s Service, its contents, maps, and any other data.

THIRD PARTY TRADEMARKS

Apple and the Apple logo are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc. Google Play, the Google Play logo, and Android are trademarks of Google Inc. The Bluetooth® word mark and logos are registered trademarks owned by Bluetooth SIG, Inc. and any use of such marks by us is under license. All other trademarks and trade names are properties are exclusively owned and registered by their respective owners.

LANGUAGE

You and JCA have each expressly requested and required this TOU, and all documents that relate hereto, be drawn up in the English language, and that the English language version of this TOU shall prevail in the case of any discrepancies between it and a version in any other language.

ENTIRE AGREEMENT/SERVABILITY

This Agreement, together with any amendments and any additional agreements you may enter into with JCA in connection with the Services (including all supplemental terms referenced herein), shall constitute the entire agreement between you and JCA concerning the Services. If any provision of this TOU is deemed invalid by a court of competent jurisdiction, then such provision shall be enforced to the maximum extent permissible under applicable law so as to affect the intent of this agreement, and the invalidity of any such provision shall not affect the validity of the remaining provisions of this TOU, which shall remain in full force and effect. This TOU shall inure to the benefit of, and shall be binding upon, the heirs, beneficiaries, executors, successors, legal representatives and assigns of the parties hereto. Any provision contained in this TOU whereby its terms shall survive the termination of this agreement, shall survive and remain in full force and effect, and shall continue to be binding upon the parties hereto.

MODIFICATIONS OF THIS TOU

JCA may modify these TOU from time to time in its sole and absolute discretion. If material changes are introduced, a notice will be posted in the updated version of the Service as well as on the Service’s home page on the Site. Your continued use of the Service after the TOU have been modified signifies your consent and approval to the updated TOU. If you don’t agree to the updated TOU or to any term within them, you should discontinue all further use of the Service. You can also end your relationship with us at any time by deleting your username/account.

CONTACT US

You may contact us concerning any question about the Service, or regarding this TOU. We will make our best efforts to address your inquiry promptly.

JCA Technologies LLC Email: info@cartin.app Last Modified: March 24, 2025