13 June 2012
- Use our app safely and lawfully – we want all road users to stay safe. As examples, do not look at our app or send us reports while driving. If you are looking at our app then you are not looking at the road.
- Our app does not show what is actually taking place in front of you. The colored lines give an indication of how we think traffic is flowing generally. There will always be hazards not shown by the app so if you are at the wheel, be vigilant.
- Our app is great to help plan a journey, but predicted journey/arrival times are estimates. We cannot guarantee a time of arrival or that another route would not actually be faster.
- We want our traffic data to be of the highest quality – it is what we spend all our time trying to achieve. But we do make mistakes and there are lots of things outside of our control which can reduce accuracy. As a result, if you use our data then you do so at your own risk.
- We would love for you to use our traffic data all the time in making your own travel arrangements; it is why we make our app available! Our traffic data is our main source of income though. Please do not abuse it otherwise we may struggle to stay in business. In particular, you need our written permission before you can distribute or broadcast our traffic data, or any information derived from our traffic data, to others in the course of a business.
- Our app can use lots of data. Make sure your cellphone contract is suitable for using this app.
- Location services, including GPS are great for accuracy but can be power-hungry. Please use our app tools to manage battery life.
- If you give us information, then thanks – this is what makes our app work for us all. To enable us to help all our users, we will use that information anywhere in the world and however we choose.
APPLICATION of SPECIAL TERMS and GENERAL terms
Apple: If you downloaded our app from Apple or iTunes, your use of our app is governed by Apple’s “Licensed Application End User License (License) Agreement” (which you can find within “Apple’s iTunes Store Terms and Conditions”) and the Special Terms set out above. The General Terms set forth below (Sections 1 thru 9) do not apply to your use of our app.
These Terms set out the terms on which we, INRIX® allow you to download and use our app.
Please read these Terms carefully because by downloading our app you are agreeing to these Terms and they create legal obligations for you. If you do not understand or agree to these legal obligations, do not download our app or, if you have already downloaded it, delete it from all of your devices.
All of these Terms are important, but we really want you to read the following sections because they are very important:
- Section 4: “Your Responsibilities When Using Our App”
- Section 7: “Our Liability to You”.
What these Terms Cover
These Terms apply to the version of the app you have downloaded and to each future update, upgrade, release and version of our app that we make available except where we tell you that other terms and conditions apply instead.
We do not currently offer any support services or any user instruction manuals or similar in relation to our app, except as set out from time to time on our website: http://inrixtraffic.com
We only make our app available in certain languages. We may change or extend the number of languages over time.
Changes to these Terms
We may change these Terms at any time by posting a revised version, accessed via a link in our app at any time. We may tell you about the changes a reasonable period of time in advance of them taking effect, but we do not have to.
You should regularly check for changes we make to this these Terms. If you do not agree to any of those changes, you should immediately stop using our app and delete our app from all of your devices. If you continue to use our app following changes to these Terms, you are agreeing to those changes.
No claims against third parties
These Terms are made between you and us (INRIX®) only.
You have no legal rights under these Terms against any other person connected with our app (for example the “app store” provider or any content provider). No other person is responsible for providing you with our app. No other person is responsible for any claims, losses, liabilities, damages, costs or expenses you incur in relation to your use of our app or our related services. Any such claims, losses, responsibilities, compensation, costs or expenses are our responsibility only. As far as is allowed by the law, you permanently waive any legal rights that you may have against any other person connected with our app.
3. CHANGES TO OUR APP
We may change and/or stop supporting any or all of the functionality of our app at any time without telling you beforehand.
Any change will be through a new update, upgrade, release or version. If you do not wish to use the changed functionality, you may continue to use the earlier version you have on your device, but you may find that its functionality does not work if we have ceased to support the functionality of that earlier version. Your use of any earlier version will remain subject to these Terms.
We may change and/or withdraw any of the services we provide that relate to our app at any time without telling you beforehand.
We may suspend your use of our app at any time without telling you beforehand for any reason, for example, because we have to carry out maintenance to our systems.
4. YOUR RESPONSIBILITIES WHEN USING OUR APP
Your General Responsibilities
Our app is only intended as estimating tools to assist you in:
- predicting traffic conditions;
- reducing the chance of you encountering traffic incidents; and
- making your friends, family and work colleagues aware of the progress of your journeys.
Our app does not show what is actually taking place in front of you. The colored lines give an indication of how we think traffic is flowing generally. There will always be hazards not shown by the app so if you are at the wheel, be vigilant.
Our app is great to help plan a journey, but predicted journey/arrival times are estimates. We cannot guarantee a time of arrival or that another route would not actually be faster.
DO NOT RELY ON OUR APP WHERE IT COULD LEAD TO DEATH OR PERSONAL INJURY, ANY DAMAGE TO PROPERTY OR TO THE ENVIRONMENT OR TO ANY OTHER SERIOUS DAMAGE.
We want our traffic data to be of the highest quality – it is what we spend all our time trying to achieve. But we do make mistakes and there are lots of things outside of our control that can reduce accuracy. For example:
- The information provided to you through our app is calculated from near-real time mobile device and motor vehicle geographic location data. There is a brief but inevitable time lag in this data being transmitted from the source device, through various computer systems, to us, before being analyzed by us and related information being sent on to your device. Traffic conditions may change in this period.
- The accuracy of our information for any one road at any one time is dependent on the number of source devices providing relevant geographic location data to us. A reasonably high number of devices is required as a proportion of all the vehicles on a road for our information to be reasonably accurate. Unfortunately, we do not have any control over the source devices, or the vehicles to which they relate, so we cannot guarantee these numbers at any time (which could be as low as zero).
- While we aim to cover as many major roads as possible, our app does not provide traffic information on all roads, because the number of source devices on those roads is insufficient for us to calculate relevant traffic conditions. Our re-routing information is therefore based on assumptions about prevailing traffic conditions on alternate routes. These assumptions may be inaccurate.
- Geographic location data is itself subject to a margin of error depending on the type of data being used.
- Traffic incidents reported by users of our app are overlaid on top of the information we calculate from source devices. We have no control over these reports and do not verify their accuracy; so for example, reported incidents may be exaggerated, have ended by the time they are reported, or not even have existed.
As a result, if you use our data, then you do so at your own risk.
Care and Compliance with the Law
Use our app safely and lawfully – we want all road users to stay safe. As examples, do not use or look at our app or send us reports while driving. If you are looking at our app then you are not looking at the road.
Data Connection and Charges
Our app can use lots of data. Make sure your cellphone contract is suitable for using this app.
Location services, including GPS are great for accuracy but can be power-hungry. Please use our app tools to manage battery life.
5. Your right to use the INRIX Traffic App
Protection of our Traffic Data
We would love for you to use our traffic data all the time in making your own travel arrangements; it is why we make our app available! Our traffic data is our main source of income though. Please do not abuse it otherwise we may struggle to stay in business and provide a livelihood to our staff.
In particular, you need our written permission before you can distribute or broadcast our traffic data, or any information derived from our traffic data, to others in the course of a business.
INRIX® Traffic App User Community
If you give us information then thanks – this is what makes the app work for us all. To enable us to help all our users we will use that information anywhere in the world and however we choose.
You may only use our app and our related services for your own benefit and not to provide services for or on behalf of any other person. You may not distribute or make our app available for use on one or more devices through any network.
Except as set out in any open-source license (license), terms that apply to any components or libraries used in our app, you may not:
- purport to sell our app (whether electronically or using any media) or otherwise transfer the rights you have under these Terms to any other person, including by use of an assignment, licence (license), sub-licence (sub-license) or lease;
- give our app to any other person or allow them to access or use our app in place of you;
- do or try to do anything which would result in you understanding, at a technical level, how our app works. This restriction prevents you from doing anything which may constitute decompiling, disassembling or reverse engineering. It also means you cannot do anything which would result in you obtaining the source code, algorithms, ideas, structure, organization in or of our app;
- avoid, defeat, bypass, remove or deactivate any security measures included in our app, including those that restrict their functions or attempt to do the same;
- modify our app or our related services or create anything that is derived from them; or
- copy our app except as otherwise contemplated by these Terms.
Your right to use our app and our related services is not exclusive. This means that we may grant to other persons the same or similar rights we grant to you in these Terms.
You may take reasonable measures (including those contemplated by your relevant device’s operating system) to back up our app.
Where you have rights protected by law, which we cannot restrict, you may do anything concerning our app that is consistent with those rights. All restrictions in these Terms are subject to this provision.
6. THE DURATION OF THESE TERMS
These Terms apply from the time when you first download our app from the relevant “app store”.
You may then continue to use our app until your rights to use of our app are ended as set out below.
- If you do not comply with these Terms, your rights to use our app will end immediately without further notice from us.
- You may end your rights to use our app by deleting our app from all of your devices. If you only delete our app from some of your devices, you will remain bound by these Terms in relation to your remaining devices that use our app, until our app is deleted from all of them.
- If we withdraw our support of our app completely, or otherwise cease to make traffic and/or routing information available to you through it, your right to use our app will end immediately and we will not necessarily tell you. We will however use reasonable efforts to ensure that our intention to do so is communicated to you and our wider user community a reasonable time in advance, for example by posting a notice on our website.
When your right to use our app comes to an end:
- All your rights to use our app immediately stop and you must stop using them for any purpose.
- If you have not already done so, you must delete our app from all of your devices that use the app. You must also delete any back-up copies that you have.
You and we may both enforce any rights you or we have which relate to the period of time before your rights to use our app came to an end. You and we may use any legal means available to you or us to do so.
All provisions set out in the following sections shall still apply after termination of your rights to use our app: the general restrictions in section 5, this section, section 7 and section 9 to 13 (inclusive).
7. OUR LIABILITY TO YOU
IT IS OUR INTENTION TO BE FULLY COMPLIANT WITH THE LAW; THEREFORE, IF ANY OF THE PROVISIONS BELOW ARE AGAINST THE LAW, THEY WILL NOT APPLY. WE HAVE GIVEN A LOT OF CONSIDERATION TO THIS SECTION BECAUSE WE KNOW IT IS IMPORTANT AND WE THINK THIS SECTION IS FAIR AND REASONABLE BECAUSE:
- AT OUR OWN EXPENSE WE HAVE PROVIDED THE APP TO YOU FOR FREE;
- IF THIS SECTION WAS ANY DIFFERENT, WE WOULD HAVE TO CHARGE YOU FOR THE APP;
- FOR THE REASONS EXPLAINED IN SECTION 4 WE CANNOT GUARANTEE THE ACCURACY OF THE DATA PROVIDED THROUGH OUR APP AT ANY TIME; AND
- No PROVISION IN THESE TERMS Excludes or limits our liability TO YOU for death or personal injury caused by our negligence or for any other form of loss, damage or liability which cannot be LAWFULLY excluded or LIMITED.
OUR APP AND OUR RELATED SERVICES AND INFORMATION ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS.
WE EXCLUDE ALL TERMS AND CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MAY BE IMPLIED BY LAW CONCERNING OUR APP, OUR RELATED SERVICES AND/OR INFORMATION AND/OR YOUR USE OF THEM INCLUDING ANY IN RELATION TO REASONABLE SKILL & CARE, SATISFACTORY QUALITY, MERCHANTABILITY, COMPLETENESS OR FITNESS FOR A PARTICULAR PURPOSE.
WE DO NOT PROMISE THAT OUR APP, OUR RELATED SERVICES AND/OR INFORMATION AND/OR YOUR USE OF THEM WILL MEET YOUR REQUIREMENTS, THAT THEY WILL WORK IN COMBINATION WITH OTHER SOFTWARE OR ANY PARTICULAR DEVICE, THAT YOUR USE OF THEM WILL BE UNINTERRUPTED OR ERROR FREE, THAT THEY WILL BE REASONABLY ACCURATE OR COMPLETE OR PROVIDED WITHOUT DELAY, THAT ERRORS IN THEM WILL BE CORRECTED, OR THAT THEY WILL NOT INFRINGE THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
WE SHALL NOT BE LIABLE IN ANY WAY (INCLUDING DUE TO OUR NEGLIGENCE) OR OTHERWISE FOR ANY DIRECT LOSSES YOU SUFFER CONCERNING OUR APP, OUR RELATED SERVICES AND/OR INFORMATION AND/OR YOUR USE OF THEM, INCLUDING ANY LOSS OF DATA, PROFITS, BUSINESS REVENUE, ANTICIPATED SAVINGS, CONTRACTS, GOODWILL, LOSS OR CORRUPTION OF DATA, LOSS OR DAMAGE TO ANY PHYSICAL PROPERTY, INCLUDING YOUR DEVICES, OR LOSSES ARISING FROM ANY THIRD PARTY CLAIMS.
WE SHALL NOT BE LIABLE IN ANY WAY (INCLUDING DUE TO OUR NEGLIGENCE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGE OR LOSS, OR ANY OTHER DAMAGE OR LOSS WHATSOEVER CONCERNING OUR APP, OUR RELATED SERVICES AND/OR YOUR USE OF THEM, WHETHER OR NOT SUCH DAMAGE OR LOSS WAS CONTEMPLATED BY YOU OR US.
OUR TOTAL LIABILITY TO YOU CONCERNING YOUR USE OF OUR APP AND OUR RELATED SERVICES SHALL BE CAPPED TO 50 UNITED STATES DOLLARS (OR ITS EQUIVALENT IN YOUR LOCAL CURRENCY AS AT THE DATE OF ANY RELEVANT CLAIM BY YOU).
If you use the INRIX® Traffic App in the course of your business, you acknowledge and agree that it is your responsibility to insure yourself against the losses for which we will not be held liable whether in contract, tort (including negligence), breach of statutory duty or otherwise as set out in this section.
To the maximum extent allowed by law, you shall reimburse us and keep us reimbursed against any liability, losses, claims and expenses (including reasonable legal fees) directly or indirectly arising from your use of our app and our related services, including if you do not comply with these Terms.
8. OWNERSHIP OF OUR APP
Our app, our related services and their contents from time to time (including all related maps) are protected by international intellectual property rights, in particular copyright. These intellectual property rights are our property, or the property of persons who have licensed software or content to us. Breach of these rights may be a criminal offense and/or entitle us and/or other persons to sue you for compensation.
You do not have any rights relating to our app, our services or their contents from time to time other than those:
- expressly set out in these Terms;
- set out in any open-source license terms which apply to any components or libraries used in our app and/or our related services; or
- as otherwise allowed by the law.
You may not use any of our trademarks, logos or brands, or those of any of any other person connected with our app or our related services (for example the provider of the “app store” from which you downloaded our app, or any content provider who has licensed content to us) under any circumstances without our prior written permission.
Our app and our related services may contain valuable trade secrets and other confidential information that belongs to us and/or other persons who have licensed this information to us. Any breach of these Terms that results in disclosure by you of any such information could cause us and/or those other persons irreparable and ongoing harm for which damages alone are not an adequate remedy.
If we wish to give you notice of any matter concerning our app, we may send you a communication using the contact details we hold for you and/or post such notice on our website http://inrixtraffic.coma reasonable period of time in advance of the relevant event.
The means of providing notices set out in this section are in addition to, and not in place of, those permitted by law for service of legal proceedings.
11. GOVERNING LAW AND DISPUTES
It is our intention to be fully compliant with the law; therefore, if any of the provisions below are against the law, they will not apply:
- As far as possible, these Terms shall be governed by and interpreted in accordance with the laws of the State of Washington, United States of America, but in some circumstances, the laws where you downloaded our app or those where you are resident may apply.
- As far as possible the courts of the State of Washington, United States of America will have exclusive jurisdiction over any dispute in relation to these Terms, but in some circumstances, the courts where you downloaded our app or those where you are resident may have jurisdiction over any dispute.
- We and you agree to exclude and waive the application of the UN Convention on Contracts for the International Sale of Goods.
By installing or downloading our app, you promise that you are not located in, under the control of, or a resident or national of any country (or a person, or under the control of any person or entity) on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders. In addition, you promise that you are not located in a country that is subject to a United States’ government embargo, or that has been designated by the United States’ government as a “terrorist supporting” country and that you are not listed on any United States’ government list of prohibited or restricted parties.
In entering into these Terms with us, you agree that you have not relied, and are not now relying on, any statement that we may have made to you that is not set out in writing in these Terms, including any representation or warranty. In entering into these Terms with you, we agree that we have not relied, and are not now relying on, any statement that you may have made to us that is not set out in these Terms, including any representation or warranty.
These Terms may not be enforced by a person who is not party to it, except that the provider of the “app store” from which you downloaded our app, may enforce these Terms against you, but we do not need that provider’s consent to change these Terms.
You may not transfer your rights and obligations under these Terms to any other person without our prior written permission. We can transfer our rights and obligations under these Terms to any other person without your consent for any reason but this is likely to be because we have sold our business or a part of our business.
Except as expressly stated in these Terms, the rights and remedies set out in these Terms are in addition to, and not in place of, any rights or remedies that you or we may have under the law.
If you or we fail to enforce a provision of these Terms for any period of time, neither you nor we shall be taken to have waived our right to do so in the future. If we agree not to enforce a provision of these Terms that you have breached, or you agree not to enforce a provision of these Terms which we have breached, neither we nor you shall be prevented from enforcing the same provision at any point in the future concerning a separate breach.
If any provision in these Terms is found to be unenforceable the other provisions of these Terms shall still be binding upon you and us.
These Terms does not create a partnership between you and us.
In these Terms, the phrases “including” and “in particular” do not limit the meaning of the word preceding or following those phrases and the word “person” shall mean any legal or natural person, or other grouping of such persons not having its own legal personality, such as a partnership or unincorporated association. All headings are for convenience only and shall not affect the interpretation of these Terms.
14. ABOUT US
Our full legal name is INRIX, Inc. We are a corporation and are incorporated in the State of Delaware, United States of America.
You may contact us at:
10210 NE Points Drive
Kirkland, WA 98033 USA
INRIX® is a registered trademark of INRIX, Inc.
All other trademarks displayed or referenced
by the INRIX® Traffic App or our related services
are marks of their respective owners.
COPYRIGHT © 2008 – 2012 BY INRIX, INC. ALL RIGHTS RESERVED.