Terms of Service
AGREEMENT OF TERMS AND CONDITIONS FOR OUR PRODUCTS
YOU NEED TO READ THIS CAREFULLY — IT'S A BINDING AGREEMENT THAT AFFECTS YOUR RIGHTS AND WHAT YOU CAN DO. This agreement covers the terms and conditions (called the "Agreement") that apply when Stonepilot ("the Company") sells you a license online to use the "Product". Product means: (a) any navigation software and related code, (b) documentation, instruction manuals, and user guides that come with the software, (c) audio and visual elements, screen images, interface design, features, waypoint systems, and all the distinctive art and design that makes the app and related software what it is, and/or (d) all other intellectual property and rights connected to it. This includes copyright, patents, trade secrets, trademarks, service marks, trade dress, artistic and moral rights, and any other proprietary rights tied to navigation apps or related software or anything else sold online, plus any updates or upgrades. When you buy the Product, you're called "you" and these terms apply to you. By using the Product, you're saying that (1) you're 13 or older, (2) you understand and agree to these Terms of Service, and (3) if you're between 13 and 18, your legal guardian has reviewed this and agrees to it too. This is a legally binding contract between you and the Company. You get a limited license to use the Product personally by paying for it and agreeing to this Agreement. If you break the terms, you have to return all the Product and delete all the software right away. The license starts when you download the Product and ends if you breach this agreement. It's just for you and only for route planning and navigation, which is what it was made for. If you buy more than one copy, each one is covered by this Agreement or whatever agreement was in place at that time. Any changes to the terms apply to both of you from the date they're made. You can't change this Agreement. Only the Company can change it, and only in writing. Changes won't hurt your rights or obligations in a major way. The Company can change, modify, add to, or remove parts of these Terms and its Privacy Policy whenever it wants by posting the new version on its website. By continuing to use the Product, you're accepting those changes. Except where it says otherwise, all new terms take effect right away when posted. If you ever don't agree with any part of the current Terms, Privacy Policy, or any other Company policy or rules about the Product, your license ends immediately and you have to stop using it right away.
USE OF PRODUCT
You're getting a personal license from the Company, but the Company owns the Product and you have to stick to this agreement. You can make one backup copy, and if you do, you have to include everything with it, including this agreement. You can't share, transfer, or do anything else with the Product. You won't reverse engineer, take it apart, modify it, alter it, or let anyone else do that either. You can't loan it, rent it, lease it, or transfer any part of the license or Product to anyone. There are restrictions and rules for how you use the Product. As a condition of using it, you're agreeing to follow what's listed here plus any other rules that might be in the Product itself. You agree not to: Mess with or disrupt the Product, its servers, or networks connected to it, or ignore any rules, procedures, policies, or requirements of those networks. Interfere with, disrupt, or get around any security feature or anything that limits how you use or access the Product. Use the Product to break any local, state, national, or international law, whether on purpose or by accident. Use it to hurt minors in any way. Use it to share personal information about someone else, including stuff that could be used to track, contact, or pretend to be that person. Cheat or trick the Company or other users. Pretend to be someone you're not or lie about who you're connected to. Cheat or use, make, or spread automation software, "macro" programs, or other cheat tools designed to mess with the experience and ruin fair play. You also have to follow all applicable laws and rules about how you act online and what you share, plus any laws about sending technical data out of Canada or wherever you live. You also agree not to use the Product or any part of it to do things that the Company thinks, at its own discretion, are bad for the Product or ruin it for other users. The Company gets to decide what counts as breaking the rules or going against the spirit of these Terms or the Product itself, and it can take action, which might mean you can't use it anymore. You're responsible for any fees from your internet provider or mobile carrier when you use the Product.
PAYMENT & WARRANTY
You'll pay everything the Company charges you for the license right away and won't argue about it unless the Product isn't working the way it's supposed to within the first week of getting it. You can only make that claim after the Company has a chance to fix it. REFUND REQUESTS HAVE TO BE MADE WITHIN SEVEN DAYS OF WHEN YOU GET THE LICENSE. YOU AGREE THAT ALL SALES ARE FINAL AND CAN'T BE RETURNED, UNLESS THE COMPANY OR THE PLATFORM DECIDES ON ITS OWN TO GIVE YOU YOUR MONEY BACK WITHIN THAT SEVEN DAY WINDOW. AFTER SEVEN DAYS, YOU'RE NOT GETTING A REFUND, BUT THE COMPANY WILL KEEP HELPING YOU THROUGH ITS CUSTOMER SUPPORT.
VIRTUAL CURRENCY AND VIRTUAL GOODS
The Product might have virtual currency like coins, gems, tokens, or similar stuff that you can earn through the Product or buy with real money, depending on the law ("Virtual Currency"). It might also have virtual items like commodities, abilities, or other goods you can earn or get through the Product, or buy with real money or Virtual Currency, depending on the law ("Virtual Goods"). The Company has absolute power to manage, control, modify, or get rid of Virtual Currency and Virtual Goods whenever it wants. The Company isn't liable to you or anyone else if it does. You don't own any Virtual Goods or Virtual Currency in the Product except for this: You get a limited, personal, non-transferable, non-sublicensable, revocable license to use Virtual Goods and Virtual Currency that you've earned, bought, or got in a way the Company approved, but only inside the Product. You agree that moving Virtual Currency and Virtual Goods around is off limits except where the Product says it's okay. Outside the Product, you can't sell, trade, or transfer Virtual Currency or Virtual Goods to the Company, other users, or anybody else. You agree that all Virtual Currency and Virtual Goods sales are done and can't be undone unless the Company or the platform decides to refund you. You also agree that if these Terms, your license, or the Product gets terminated for any reason, including if the Company stops offering that part of the Product, you lose all Virtual Currency and Virtual Goods and the Company isn't responsible for that loss.
USER CONTENT
The Product might let you and other users create, submit, record, post, display, send, perform, publish, or share things like voice, text, writing, photos, graphics, images, comments, personal information, and more. You can do this by email or through forums, message boards, messaging, blogs, or other parts of the Product (all together, this is "User Content"). The Company doesn't have to accept, show, look at, keep, or use any User Content. You get that whoever creates User Content is responsible for it. The Company doesn't have to look at, check, examine, judge, or watch User Content for accuracy, legality, decency, or anything else. The Company makes no promises about User Content and takes back any guarantees it might have. When you use the Product, you're taking a chance, and you might see User Content that's gross, mean, not what you want, or otherwise bad. You're taking all the risk that comes with using any User Content connected to the Product. The Company isn't liable for User Content on the Product, including mistakes, missing stuff, or any harm from using it. That said, the Company can look at, watch, refuse, take down, censor, edit, change, delete, block, or hide any User Content without telling you, for any reason or no reason, anytime. You can tell the Company about User Content you think breaks the Terms or is inappropriate. User Content you put on the Product is called "Your Content". You're saying Your Content isn't secret. You also agree you're not getting it back. You're promising that Your Content is yours and you own all the rights to it, including the right to give the Company all the rights in these Terms without the Company owing anything to anyone else. The Company doesn't claim to own Your Content and nothing here limits what you can do with it. The Company doesn't have to protect your rights to Your Content. You're giving the Company a worldwide, forever, exclusive, transferable, free license (with the power to pass it on) to use, copy, change, modify, share, license, sell, transfer, show, perform, send, stream, broadcast, and use Your Content anywhere through the Product or any other way. You're also giving the Company the right to let others do the same. You're also giving the Company the permanent right to use your name, voice, face, and likeness in any User Content without owing you anything. Except where the law says no, you're giving up any right to be credited and any moral rights you have in Your Content, whether it gets changed in a way you don't like or not.
COMPANY REPRESENTATIONS
YOU AGREE THAT USING THE PRODUCT IS AT YOUR OWN RISK AND COMES "AS IS" WITH NO WARRANTIES, EXPRESS OR IMPLIED. THIS INCLUDES NO WARRANTIES ABOUT TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. WITHOUT LIMITING THAT, THE COMPANY AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, EMPLOYEES, AGENTS, LAWYERS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES, AND LICENSORS (TOGETHER, THE "COMPANY PARTIES") DON'T PROMISE THAT (A) THE PRODUCT WILL DO WHAT YOU WANT OR THAT YOU'LL BE ABLE TO SEE THE PRODUCT MATERIALS OR USER CONTENT, OR (B) THE PRODUCT WILL RUN WITHOUT STOPPING, ON TIME, SAFELY, OR WITHOUT MISTAKES, OR THAT PROBLEMS WILL GET FIXED. TO THE FULLEST EXTENT THE LAW ALLOWS, THE COMPANY PARTIES AREN'T LIABLE TO YOU FOR ANY INDIRECT, ACCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR OTHER DAMAGES. THIS INCLUDES LOST MONEY, LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES, ARISING FROM OR CONNECTED TO THESE TERMS OR THE PRODUCT. THIS APPLIES WHETHER THE CLAIM IS BASED ON WARRANTY, CONTRACT, NEGLIGENCE, OR ANYTHING ELSE, AND WHETHER OR NOT A COMPANY PARTY KNEW THIS COULD HAPPEN. IN NO CASE WILL THE COMPANY PARTIES OWE YOU MORE THAN WHAT YOU PAID THE COMPANY IN THE 90 DAYS BEFORE YOU FIRST COMPLAIN. YOU AGREE THAT IF YOU HAVEN'T PAID THE COMPANY ANYTHING IN THE 90 DAYS BEFORE YOUR COMPLAINT, YOUR ONLY OPTION IS TO STOP USING THE PRODUCT. Some places don't allow you to take away certain warranties or limit liability for certain damages. So some of these limits might not apply to you. If the Company can't legally take away a warranty or limit liability the way it says here, then the warranty and liability are limited only as much as the law allows.
TERMINATION
The Company can end these Terms and your access to the Product (or just parts of it, if it wants) anytime for any reason. It can also tell authorities or do whatever it thinks is right (including cutting off your access) without warning if it thinks you've (i) broken any part of these Terms or Company rules, or (ii) done something that might be illegal or cause harm, embarrassment, harassment, abuse, or problems for you, the Company, anyone else, or the Product itself. If the license ends, you might lose all your data and info from using the Product, like usernames, routes, waypoints, and route history. You're not entitled to any refund, money back, or anything else because of the termination, and the Company isn't liable for it either. This applies whether you or the Company ended it and for any reason allowed by these Terms. The Company can refuse to give the Product to anyone. These Terms stay in effect until they're terminated. You agree that these Terms keep going even after they're terminated or the Product stops.
DISPUTES WITH OTHERS
The Company can handle disputes between you and other users, but it doesn't have to. You're responsible for how you interact with other users and people you meet through the Product. You'll help the Company look into anything that seems unlawful, fraudulent, or wrong. The Company isn't responsible for any dispute between you and other users.
THIRD PARTY WEBSITES
The Product might have links to other websites or resources. You understand that the Company isn't responsible for whether those sites work or are accurate, or for what's on them or what they sell. Links don't mean the Company backs those sites or what they offer. You're taking all the risk when you use them. The Company can remove links anytime.
GOVERNING LAW
This Agreement follows the laws of the Province of New Brunswick and Canadian law. Both sides agree to let the courts in New Brunswick handle any disputes.
SUCCESSORS IN INTEREST
This Agreement binds and benefits both sides, and anyone who inherits their rights or takes them over. You can't pass this Agreement to someone else without the Company's written okay, which it can refuse. The Company can hand this Agreement to anyone who agrees to it. Once the Company passes it on and someone else takes over, the Company is off the hook. WAIVER Taking back any part of this Agreement or ignoring a break only works if it's in writing. If the Company lets something slide, that doesn't mean it's letting it slide forever or will keep letting it slide.
SEVERABILITY
If any part of this Agreement is found to be bad, it doesn't wreck the rest of it.
ENTIRE AGREEMENT
This Agreement is everything the two sides have agreed on about what it covers.