Scout® Mobile with OSM

Version 2.0 – August 2021

Please read these terms and conditions of use ("Terms of Use") carefully before you launch Scout® Mobile ("Scout Mobile") on your wireless device. Your use of Scout Mobile indicates that you accept these terms and conditions. If you do not accept these terms and conditions, do not launch or otherwise use Scout Mobile.

1. INTRODUCTION

These Terms of Use represent the agreement ("Agreement") between you and Telenav, Inc. ("Telenav") with respect to Scout Mobile. All references herein to "you" and "your" means you, your employees, agents, and contractors, and any other entity on whose behalf you accept these terms and conditions, all of whom shall also be bound by this Agreement.

Telenav may revise these terms and conditions at any time, with or without notice to you. You should visit https://www.telenav.com/legal from time to time to review the then current terms and conditions for Scout Mobile.

2. SCOUT MOBILE

Scout Mobile allows you to obtain, via an application on your wireless device, GPS-assisted navigation instructions to destinations throughout most of the United States or Canada. The basic Scout features are provided free of charge. Access to premium features, such as offline maps, is only provided if you purchase the premium service via the in-app purchase mechanism. Any upgrades modifications or premium features are covered by this Agreement.

Scout Mobile is for your internal business and personal use and is not for resale or other transfer or disposition to any other person or entity.

Scout Mobile utilizes map and other data licensed to Telenav by third parties for the benefit of you and other end users. This Agreement includes end-user terms required by these companies (set forth at the end of this Agreement), and thus your use of Scout Mobile is limited by and subject to such terms.

3. YOUR LOCATION AND ROUTE INFORMATION

For Telenav to provide Scout Mobile, Telenav must record your route information, including your point of origin, the address of your destination, the starting time of your trip, and the route you are instructed to follow, and must periodically receive your GPS location from the GPS hardware associated with your wireless device.

By using Scout Mobile, you allow Telenav to access your GPS hardware and otherwise obtain this location and route information, and to record, compile and display such information internally. Such information is subject to Telenav's Privacy Policy. California residents should refer to our CCPA Privacy Notice.

Scout Mobile users are also given the opportunity to participate in our Telematics Program whereby you consent to the collection and use of your telematics data. The Telematics Program is optional and is subject to our Telematics Policy.

Your use of Scout Mobile indicates that you accept the terms of Telenav's Privacy Policy and if applicable, our CCPA Privacy Notice and Telematics Policy.

4. SAFE AND LAWFUL USE OF SCOUT

You agree to comply with the following when using Scout Mobile:

  • Observe all traffic laws and otherwise drive safely.
  • Use your own personal judgment while driving. If you feel that a route suggested by Scout Mobile instructs you to perform an unsafe or illegal maneuver, places you in an unsafe situation, or directs you into an area that you consider to be unsafe, do not follow such instructions.
  • Do not input destinations, or otherwise interact with Scout Mobile, unless your vehicle is stationary and parked.
  • Do not use Scout Mobile for any illegal, unauthorized, unintended, unsafe, hazardous, or unlawful purposes, or in any manner inconsistent with this Agreement.
  • Arrange all GPS and wireless devices and cables necessary for use of Scout Mobile in a secure manner in your vehicle so that they will not interfere with your driving and will not prevent the operation of any safety device (such as an airbag).

5. PAYMENT (APPLICABLE TO PREMIUM SERVICE ONLY)

The Scout Mobile Application provides users with ability to purchase premium features and content (the “Premium Service”). The Premium Service is purchased through in-application purchase functionality and the charges associated with such Premium Service will be processed as a purchase through the application store where you downloaded Scout Mobile. You are advised that taxes may be levied on your purchase of the Premium Service.

6. TELEPHONE CHARGES

You are responsible for any fees assessed by your wireless telephone carrier for access to and use of Scout Mobile, including any data plan charges, toll, out-of-area, roaming, or other telephone connection charges. Standard messaging rates and other charges may apply when using certain features in Scout Mobile, such as “Shared Address”.

Telenav reserves the right to change at any time the phone number designated for you to access Scout Mobile, including eliminating any toll-free numbers.

7. TERMINATION

Telenav reserves the right to terminate your access to Scout Mobile at any time for any or no reason and without notice to you.

You may terminate Scout Mobile at any time by notifying Telenav via: (i) an email addressed to support@telenav.com; (ii) a letter addressed to Telenav, Inc., 4655 Great America Parkway, Suite 300, Santa Clara, CA 95054; or by calling customer support at +1 866-686-0192. Any such cancellation by you shall become effective upon Telenav's receipt of your notice.

Upon any termination of your subscription of Scout Mobile, Telenav shall have no liability to you or any further obligations under this Agreement, other than to provide you with a refund in accordance with Telenav's then current refund policy, unless such termination is for cause. For a copy of Telenav's refund policy, visit https://www.telenav.com/legal/policies-warranty-and-refunds-policy.

8. ACCOUNT INFORMATION

You agree: (a) when signing up for Scout Mobile, to provide Telenav with true, accurate, current, and complete information about yourself, and (b) to inform Telenav promptly of any changes to such information to keep it true, accurate, current and complete.

If you provide Telenav with any information that is untrue, inaccurate, not current or incomplete, or Telenav has reasonable grounds to suspect so, Telenav has the right to suspend or terminate your access to Scout Mobile.

All your account information, as well as other payment and personal information provided by you to Telenav, is subject to Telenav's Privacy Policy.

9. SOFTWARE LICENSE

Subject to your compliance with the terms of this Agreement, Telenav hereby grants to you a personal, non-exclusive, non-transferable license to: (i) download or otherwise copy Scout Mobile onto your wireless device, and (ii) use Scout Mobile (in object code form only) on such wireless device in order to access and use Scout Mobile.

This license shall terminate upon any termination of this Agreement, or upon any suspension, termination or cancellation of your access to Scout Mobile.

Except for the limited license expressly granted herein, Telenav, or its licensors, own all right, title and interest in and to Scout Mobile, including without limitation all intellectual property rights therein.

You agree not to do any of the following:

  • Reverse engineer, decompile, disassemble, translate, modify, alter or otherwise change Scout Mobile, or any part thereof.
  • Attempt to derive the source code, audio library or structure of Scout Mobile without the prior express written consent of Telenav.
  • Remove from Scout Mobile, or alter, any of Telenav's or its suppliers' trademarks, trade names, logos, patent or copyright notices, or other notices or markings.
  • Distribute, sublicense or otherwise transfer Scout Mobile to others.

10. DISCLAIMERS

a. To the fullest extent permissible by applicable law, in no event will Telenav, its licensors and suppliers, or agents or employees of any of the foregoing, be liable for any decision made or action taken by you or anyone else in reliance on the information provided by Scout Mobile. You are responsible for the entire risk arising out of your use of Scout Mobile.

b. The Application is provided "as is" and without warranties of any kind either express or implied. Telenav disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

c. You understand and agree that Scout Mobile is downloaded to your wireless device at your own discretion and risk and that you will be solely responsible for any damage to your wireless device, or loss of data, that results from the download of such software.

d. Telenav does not warrant that Scout Mobile will not infringe on third party intellectual property rights.

e. Telenav also does not warrant that your use of Scout Mobile will be uninterrupted or error-free. Rather, temporary interruptions of Scout Mobile may occur from time to time (such as when you drive into an area that has no cell phone coverage or when Scout Mobile or your carrier's network is undergoing maintenance). Telenav will exercise reasonable efforts to attempt to limit or prevent such occurrences, but in no event will Telenav be liable for any financial or other damages due to such interruptions.

f. Telenav has technological and operational security policies and procedures to protect your information from loss, misuse, alteration, or unintentional destruction, but Telenav makes no representations or warranties regarding the security of Scout Mobile or the transmission of data or information to and from Telenav and your wireless device. Telenav will not be liable to you or anyone else in the event of any unauthorized infiltration of any of its systems.

g. Telenav also does not warrant the accuracy of the map or other data used for Scout Mobile. Such data may not always reflect reality due to, among other things, road closures, construction, weather, new roads and other changing conditions.

h. Applicable law may not allow certain warranty exclusions, so one or more of the above disclaimers may not apply to you.

11. LIMITATION OF LIABILITY

To the extent permitted under applicable law, under no circumstances shall Telenav or its licensors (or their licensors and suppliers) be liable to you or anyone else for any loss, injury, or damages (including but not limited to any compensatory, punitive, special, incidental, indirect, exemplary or consequential damages) arising out of or in connection with the use by you or anyone else of Scout Mobile, any defects in Scout Mobile, or any breach of this Agreement, even if Telenav or its licensors have been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above exclusion may not apply to you.

12. INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify, defend and hold Telenav and its licensors (including their respective licensors, suppliers, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents and representatives of each of them) free and harmless from and against any liability, loss, injury (including injuries resulting in death), demand, action, cost, expense, or claim of any kind or character, including but not limited to attorney's fees, arising out of or in connection with your use of Scout Mobile.

13. ARBITRATION AND GOVERNING LAW

You agree that any dispute, claim or controversy arising out of or relating to this Agreement or Scout Mobile shall be settled by independent arbitration involving a neutral arbitrator and administered by the American Arbitration Association. The arbitrator shall apply the Commercial Arbitration Rules of the American Arbitration Association, and the judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction. Note that there is no judge or jury in an arbitration proceeding and the decision of the arbitrator shall be binding upon both parties.

This Agreement and performance hereunder will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws’ provisions. You agree to submit to the exclusive jurisdiction of the courts of the County of Santa Clara, California.

14. MISCELLANEOUS

a. This Agreement constitutes the entire agreement between Telenav and you with respect to the subject matter hereof. Telenav's or your failure to require performance of any provision shall not affect that party's right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

b. If any provision herein is held unenforceable, then such provision will be modified to reflect the intention of the parties, and the remaining provisions of this Agreement will remain in full force and effect.

c. You may not resell, assign, or transfer any of your rights hereunder. Any such attempt may result in termination of this Agreement, without liability to Telenav. Notwithstanding the foregoing, Telenav may assign this Agreement to any affiliate at any time without notice.

d. By using Scout, you consent to receive from Telenav all communications, including notices, agreements, legally required disclosures or other information in connection with Scout (collectively, "Notices") electronically. Telenav may provide such Notices by posting them on Telenav's website or by downloading such Notices to your wireless device. If you desire to withdraw your consent to receive Notices electronically, you must discontinue your use of Scout. Telenav may email or send text messages to you from time to time to inform you about our products and services that we think will interest you, unless you inform us that you opt out from receiving such communications.

e. If you have any questions regarding the terms of this Agreement, please contact Telenav by sending an email to support@telenav.com or by writing to Telenav Customer Service, 4655 Great America Parkway, Suite 300, Santa Clara, CA 95054.

15. ADDITIONAL TERMS

A. Map data

Map data is provided by Open Street Maps Copyright © 2021 Open Street Map Contributors. Open Street maps is licensed under the terms of the Open Data Commons Open Database License found here: https://www.openstreetmap.org/copyright.

B. Yelp search results are provided by Yelp, Inc. Copyright © 2021. All rights reserved.

C. Fuel Prices are provided by Oil Pricing Information Service. Copyright © 2021. All rights reserved.

D. Traffic is provided by TomTom, Inc. Copyright © 2021. All rights reserved.

E. Parking content is provided by ParkWhiz. Copyright © 2021. All rights reserved.

F. Parse Server – BSD License

For Parse Server software

Copyright (c) 2015-present, Parse, LLC. All rights reserved.

Redistribution and use in source and binary forms, with or without modification,
are permitted provided that the following conditions are met:

* Redistributions of source code must retain the above copyright notice, this
list of conditions and the following disclaimer.

* Redistributions in binary form must reproduce the above copyright notice,
this list of conditions and the following disclaimer in the documentation
and/or other materials provided with the distribution.

* Neither the name Parse nor the names of its contributors may be used to
endorse or promote products derived from this software without specific
prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND
ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS 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 THIS
SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

G. Alamo Fire Image

Copyright © 2015-2021 Alamofire Software Foundation (http://alamofire.org/)

Permission is hereby granted, free of charge, to any person obtaining a copy
of this software and associated documentation files (the "Software"), to deal
in the Software without restriction, including without limitation the rights
to use, copy, modify, merge, publish, distribute, sublicense, and/or sell
copies of the Software, and to permit persons to whom the Software is
furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in
all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE
AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,
OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN
THE SOFTWARE.

H. SAM Key Chain

Copyright () 2010-2016 Sam Soffes. http://soff/es.

Permission is hereby granted, free of charge, to any person obtaining
a copy of this software and associated documentation files (the
"Software"), to deal in the Software without restriction, including
without limitation the rights to use, copy, modify, merge, publish,
distribute, sublicense, and/or sell copies of the Software, and to
permit persons to whom the Software is furnished to do so, subject to
the following conditions:

The above copyright notice and this permission notice shall be
included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE
LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION
OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION
WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

I. Survey Monkey SDK

Copyright (c) 2016 SurveyMonkey

Permission is hereby granted, free of charge, to any person obtaining a copy
of this software and associated documentation files (the "Software"), to deal
in the Software without restriction, including without limitation the rights
to use, copy, modify, merge, publish, distribute, sublicense, and/or sell
copies of the Software, and to permit persons to whom the Software is
furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all
copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE
AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,
OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE
SOFTWARE.

J. PubNub

Copyright (c) 2013 PubNub Inc.

http://www.pubnub.com/
http://www.pubnub.com/terms

Permission is hereby granted, free of charge, to any person obtaining a copy
of this software and associated documentation files (the "Software"), to deal
in the Software without restriction, including without limitation the rights
to use, copy, modify, merge, publish, distribute, sublicense, and/or sell
copies of the Software, and to permit persons to whom the Software is
furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in
all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE
AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,
OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN
THE SOFTWARE.

PubNub Real-time Cloud-Hosted Push API and Push Notification Client Frameworks
Copyright (c) 2013 PubNub Inc.