DriveAway GTG — Terms of Use
1. Agreement to These Terms
These Terms of Use ("Terms") are an agreement between you and myGIGlife INC. ("Company," "we," "us," or "our") about your use of DriveAway GTG, including its companion tile for Wear OS watches (the "App"). If you use the App on behalf of a business, "you" also means that business. By downloading, installing, or using the App, you agree to these Terms and to our Privacy Policy, which is available in the App. If you do not agree, do not use the App.
PLEASE READ SECTIONS 23 THROUGH 26 CAREFULLY: THEY REQUIRE MOST DISPUTES TO BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION RATHER THAN IN COURT, WAIVE CLASS ACTIONS, AND EXPLAIN HOW TO OPT OUT.
2. What the App Does
The App estimates how much fuel to buy, and where along a trip to buy it, from the figures you enter: tank size, fuel economy, miles, and fuel gauge readings. It also lists reference specifications for some vehicles and, if you choose, finds compressed natural gas (CNG) stations near you using a U.S. Department of Energy service.
3. Estimates Only, Not a Guarantee
Every figure the App shows is an estimate. It is only as accurate as the figures you enter, and real fuel use differs from any estimate because of terrain, speed, weather, traffic, load, idling, vehicle condition, how the vehicle is driven, fuel gauge accuracy, and how full a tank actually fills (for CNG, also temperature and fill pressure).
Vehicle specifications shown in the App come from carriers, manufacturers, and fleets, may be incomplete, outdated, or wrong for your vehicle, and are not verified by us. The App does not read your vehicle's actual fuel level.
You are responsible for checking your vehicle's gauge, its tank or cylinder labels, and your contract's fuel requirements, and for buying a safe margin of fuel. Do not rely on the App as your only guide to when or how much to refuel.
4. Your Responsibilities
You are solely responsible for operating your vehicle safely and lawfully, for complying with the requirements of your carrier, rental company, or delivery contract, and for every decision about when, where, and how much to refuel. Do not enter figures or otherwise handle the App while driving; set it up before you drive or when safely parked, and follow all laws on the use of mobile devices in vehicles.
5. Station Information
CNG station information comes from the U.S. Department of Energy's Alternative Fuels Data Center and other third parties. It may be incomplete or out of date, and a listed station may be closed, may not fit your vehicle, may not accept your payment card, or may not have fuel. Listing a station is not an endorsement. Confirm a station's hours, access, clearance, nozzle type, and payment requirements before you rely on it. Directions open in a separate maps app, which is not part of the App.
6. License
We grant you a limited, personal, revocable, non-exclusive, non-transferable license to download, install, and use the App on devices that you own or control, strictly in accordance with these Terms and the rules of the App Store you obtained it from. We and our licensors keep all rights not expressly granted to you.
7. Restrictions
Except where the law does not allow the restriction, you agree not to, and not to let anyone else:
- copy, modify, translate, or make derivative works of the App;
- license, sell, rent, lease, assign, distribute, transmit, host, or otherwise commercially exploit the App, or make it available to any third party;
- disassemble, decompile, decrypt, reverse engineer, or attempt to extract the source code of any part of the App;
- remove, alter, or obscure any copyright, trademark, or other proprietary notice of the Company or its licensors;
- use the App's key for the station service, or the App itself, to access that service other than through normal use of the App; or
- use the App in violation of any law or of these Terms.
8. Intellectual Property
The App and its entire contents, features, and functionality, including its software, text, calculations, displays, images, and design, and the selection and arrangement of them, are owned by the Company, its licensors, or other providers of that material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. Except as these Terms expressly allow, you may not copy, modify, reproduce, or distribute any of it without our prior written permission. Third-party names and marks shown in the App belong to their owners.
9. Your Suggestions and Feedback
If you send us feedback, ideas, improvements, or suggestions about the App ("Suggestions"), for example through the App's Contact Us option, you agree that they are not confidential and that we may use, copy, modify, publish, and share them for any purpose, without credit or compensation to you. As between you and us, Suggestions become our property. This does not change how we handle personal information in your email, which the Privacy Policy covers.
10. Purchases and Refunds
The App is obtained through the Google Play Store or the Apple App Store (each, an "App Store"). Any purchase related to the App is made through, and processed by, that App Store under its own terms. Refunds are handled by the App Store under its refund policies; we cannot issue refunds directly. If you have a problem with the App, please contact us as described in Section 31 and we will try to help.
11. Modifications and Updates to the App
We may, from time to time, provide updates to the App, such as bug fixes, patches, enhancements, and new versions ("Updates"). Updates may change or remove features. We have no obligation to provide any Update, to continue to provide or enable any particular feature, or to support any device or operating system version.
We may modify, suspend, or discontinue the App, or any service it connects to, temporarily or permanently, with or without notice and without liability to you. Updates are part of the App and are subject to these Terms.
12. Third-Party Services
The App relies on or opens services we do not operate, including the U.S. Department of Energy's station service, the maps app on your device, Google Play services for a paired watch, and the App Stores ("Third-Party Services"). We are not responsible for Third-Party Services, including their availability, accuracy, completeness, timeliness, legality, or quality, and we have no liability to you or anyone else for them. You use them at your own risk and subject to their own terms and policies.
13. Beta and Test Versions
Beta or test versions of the App may contain errors, may stop working after a set period, and are provided for evaluation only.
14. Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, THE APP AND ALL INFORMATION IN IT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT WARRANT THAT THE APP'S ESTIMATES, VEHICLE SPECIFICATIONS, OR STATION INFORMATION ARE ACCURATE, COMPLETE, OR CURRENT; THAT THE APP WILL MEET YOUR REQUIREMENTS, WORK WITH ANY OTHER SOFTWARE OR DEVICE, OR BE UNINTERRUPTED OR ERROR-FREE; THAT ERRORS WILL BE CORRECTED; OR THAT THE APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION FROM US CREATES A WARRANTY NOT STATED IN THESE TERMS.
Some jurisdictions do not allow the exclusion of implied warranties, so some of these exclusions may not apply to you.
15. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE ON THE APP OR ANY THIRD-PARTY SERVICE, INCLUDING RUNNING OUT OF FUEL; BUYING TOO MUCH OR TOO LITTLE FUEL; REFUELING CHARGES, FEES, PENALTIES, OR CHARGEBACKS FROM A CARRIER, RENTAL COMPANY, OR CUSTOMER; TOWING OR ROADSIDE ASSISTANCE; DELAYED, MISSED, OR REJECTED DELIVERIES; LOST PAY, EARNINGS, PROFITS, OR CONTRACTS; BUSINESS INTERRUPTION; LOSS OF DATA; FINES; OR DAMAGE TO ANY VEHICLE OR PROPERTY, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE APP IS LIMITED TO THE GREATER OF THE AMOUNT YOU PAID FOR THE APP IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE OR FIFTY U.S. DOLLARS (US$50). THESE LIMITS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow these limitations, so some of them may not apply to you. Nothing in these Terms limits liability that cannot be limited by law.
16. Indemnification
To the extent permitted by law, you agree to indemnify and hold harmless the Company and its officers, directors, employees, agents, and licensors from any claims, demands, losses, and expenses (including reasonable attorneys' fees) arising from your misuse of the App, your violation of these Terms or of any law, or your violation of any right of a third party.
17. Time Limit for Claims
To the extent permitted by law, any claim or cause of action arising out of or related to the App or these Terms must be started within one (1) year after it arises; otherwise, it is permanently barred.
18. Apple App Store
If you obtained the App from the Apple App Store: these Terms are between you and the Company only, not Apple Inc. ("Apple"), and the Company, not Apple, is solely responsible for the App and its content. Apple has no obligation to provide maintenance or support for the App. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App; to the maximum extent permitted by law, Apple has no other warranty obligation for the App.
The Company, not Apple, is responsible for addressing any claims by you or a third party relating to the App or your possession or use of it, including product liability claims, claims that the App fails to conform to legal or regulatory requirements, consumer protection or similar claims, and intellectual property infringement claims.
You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties. You must comply with applicable third-party terms when using the App. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
19. Term and Termination
These Terms apply from when you first download, install, or use the App until they are terminated. You may end them at any time by deleting the App and all copies of it from your devices. We may suspend or end your license at any time, for any reason, with or without notice, and your license ends automatically, without notice, if you violate these Terms.
When these Terms end, you must stop using the App and delete all copies of it. Termination does not limit any of our rights or remedies for a breach that happened before it. Sections 3, 5, 8, 9, 12, 14 through 18, and 22 through 31 survive termination.
20. Copyright Infringement Notice
If you are a copyright owner or an owner's agent and believe that material in the App infringes your copyright, please send a notice to the contact details in Section 31 that includes:
(a) a physical or electronic signature of the copyright owner or a person authorized to act on the owner's behalf;
(b) identification of the material you claim is infringing;
(c) your contact information, including your address, telephone number, and email address;
(d) a statement that you have a good-faith belief that use of the material is not authorized by the copyright owner, its agent, or the law; and
(e) a statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner.
21. Changes to These Terms
We may modify or replace these Terms at any time. If we do, we will update the "Effective date" above and make the revised Terms available in the App. If a change is material, we will give you at least 30 days' notice through the App before it takes effect; we decide in good faith what is material. When the Terms change, the App also asks you to agree to the revised Terms again.
By continuing to use the App after revised Terms take effect, you accept them. If you do not agree to revised Terms, you are no longer authorized to use the App and should delete it.
22. Governing Law
These Terms, and any dispute arising out of or related to them or to the App, are governed by the laws of the State of Delaware, United States of America, without regard to its conflict-of-laws principles, and, where applicable, the federal laws of the United States, including the Federal Arbitration Act for Sections 23 through 26. Subject to those sections, any dispute that is not arbitrated will be decided only in the state or federal courts located in Delaware, and you and we consent to their jurisdiction. This does not take away any protection you have under the mandatory consumer laws of the place where you live.
23. Dispute Resolution: Notice and Informal Negotiation
"Dispute" means any dispute, claim, or controversy between you and the Company arising out of or relating to the App or these Terms, whether based in contract, warranty, tort, statute, or any other legal theory, given the broadest meaning the law allows.
Before starting arbitration or a court case, the party with a Dispute must send the other a written Notice of Dispute stating their name, address, and contact information, the facts giving rise to the Dispute, and the relief requested. Send your notice by email to abuse.gtg@mygig.life. We will send ours to the contact information you have given us. You and we will try in good faith to resolve the Dispute through informal negotiation for sixty (60) days after the notice is sent. After that, either party may start arbitration.
24. Binding Arbitration
If a Dispute is not resolved by informal negotiation, it will be resolved only by binding arbitration administered by the American Arbitration Association (AAA) under its rules that apply to consumer disputes, which are available at adr.org. The arbitrator's fees and the parties' filing fees are allocated as those rules provide. The hearing may take place by video, by telephone, on written submissions, or in person in the county where you live. The arbitrator may award the same individual relief a court could, and judgment on the award may be entered in any court with jurisdiction. YOU AND WE ARE GIVING UP THE RIGHT TO A TRIAL IN COURT BEFORE A JUDGE OR JURY.
Exceptions: either party may instead (a) bring an individual claim in small claims court if it qualifies there, and (b) ask a court for injunctive or other equitable relief to protect or enforce its intellectual property rights.
25. Individual Claims Only; No Class Actions
YOU AND WE MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not combine more than one person's claims and may award relief only in favor of the individual party seeking it and only to the extent needed for that party's individual claim. If this section is found unenforceable as to a particular claim, that claim (and only that claim) will be decided in court under Section 22, not in arbitration.
26. Opting Out of Arbitration
You may opt out of Sections 24 and 25 by emailing abuse.gtg@mygig.life within thirty (30) days after you first accept these Terms, with your name and a clear statement that you are opting out of arbitration. Opting out does not affect any other part of these Terms, including Section 23. If you opt out, Disputes will be decided in court under Section 22.
27. Waiver
Our failure or delay in exercising or enforcing any right or provision of these Terms is not a waiver of that right or provision, and a waiver of one breach is not a waiver of any other breach. Any waiver by us is effective only if it is in writing and signed by an authorized representative of the Company.
28. Severability
If any provision of these Terms is held invalid or unenforceable, it will be changed and interpreted to achieve its objectives to the greatest extent the law allows, and the remaining provisions will continue in full force and effect.
29. Entire Agreement
These Terms and the Privacy Policy are the entire agreement between you and the Company about the App, and they replace any prior or contemporaneous agreements, written or oral, on that subject. If these Terms conflict with an App Store's standard terms, these Terms govern to the extent that App Store's rules allow.
30. Miscellaneous
You may not assign or transfer these Terms or your rights under them without our prior written consent; we may assign them, including as part of a merger, acquisition, or sale of assets. Because a breach of the license or restrictions in these Terms could cause harm that money cannot adequately remedy, we may seek injunctive or other equitable relief, without posting a bond, where the law allows. The App is operated from the United States; if you use it elsewhere, you are responsible for complying with local laws. Section headings are for convenience only and have no legal effect.
31. Contact Us
Questions about these Terms, notices under them, and copyright notices can be sent to:
abuse.gtg@mygig.life
myGIGlife INC.
8 The Green, Suite 15081
Dover, DE 19901
United States of America