Please read these terms and conditions of service carefully before you launch the Smart Planner service. Your use of the Smart Planner service indicates that you accept these terms and conditions. If you do not accept these terms and conditions, do not launch or otherwise use the Smart Planner service.
Use of MyMileage within the Service is subject to additional terms located at visit www.telenav.com/legal/terms-of-use.html.
The Service is available for individuals aged 13 years and older. If you are 13 or older but under the age of 18, please review these terms with your parent or guardian to make sure that both you and your parent or guardian understand and agree to this Agreement, and have your parent or guardian review and accept this Agreement on your behalf through the Smart Planner user registration process. If you are a parent or guardian accepting this Agreement for the benefit of a child under 18 (who must be 13 or older), then you agree to accept full responsibility for that child's use of the Service, including all legal liability that he or she may incur.
The Service allows you to use your wireless device to monitor your location to calculate the travel time to your next meeting and send an alert to give you ample time to drive to your meeting's venue, notifies you if you are expected to arrive late to your meeting, and offers to automatically send an e-mail to notify meeting participants about your delayed arrival and track your mileage.
The Service is available on your wireless device wherever your cellular service is available in the United States or Canada.
Currently, the use of the Service is free of charge; however, Telenav reserves the right to charge for the service in the future.
The Service is for your personal use only, and is not for resale or other transfer or disposition to any other person or entity. The Service should not be used or relied on as an emergency locator system or in connection with any hazardous environments requiring fail-safe performance or any other application in which failure or inaccuracy of that application or the Service could lead to death, personal injury or severe physical or property damage.
You alone are responsible for your involvement with other users of the Service. Telenav reserves the right, but has no obligation, to monitor the exchanges between you and such other users. Furthermore, Telenav does not control the content of User accounts and profiles and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and material that you provide to the Services.
For Telenav to provide the Service, Telenav must record your location and activity information and use such information when generating messages which will be sent by the Service. By using the Service, you authorize Telenav to record, compile, and distribute in the foregoing ways your location and activity information.
You understand that the purpose of the Service is to provide a safe, positive and personal means to share information and that the participants must act appropriately to achieve that objective. Therefore, you agree that you will not:
You are responsible for any Internet connection or other fees assessed by your cellular carrier to access the Service via your wireless device, including any data plan charges, SMS charges, toll, out-of-area, roaming, or other wireless device connection charges.
Telenav reserves the right to terminate your access to the Service at any time for any or no reason and without notice to you. You may terminate the Service at any time by removing the application from your wireless device. If you have any questions about how to do this, please contact Telenav by sending an email to email@example.com. Upon any termination of your Service, Telenav shall have no liability to you or any further obligations under this Agreement.
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 the Smart Planner application onto your wireless device, and (ii) use the Smart Planner application (in object code form only) on your wireless device in order to access and use the Service. This license shall terminate upon any termination of this Agreement, or upon any suspension, termination or cancellation of your access to the Service. You agree not to do any of the following:
The Smart Planner application originates in the United States, and is subject to United States export laws and regulations. The Smart Planner application may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Smart Planner application may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Smart Planner application and the Service.
To the fullest extent permissible pursuant to applicable law, in no event will Telenav or its licensors, 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 the Service. You are responsible for the entire risk arising out of your use of the Service. The Service and the Smart Planner application are provided "as is" and without warranties of any kind, 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. Applicable law may not allow certain warranty exclusions, so one or more of the above disclaimers may not apply to you.
You understand and agree that the Smart Planner application is downloaded to your wireless device at your own discretion and risk and that you will be solely responsible for any damages to your wireless device, or loss of data that results from the download of such software. Telenav does not warrant that the Service or the Smart Planner application will not infringe on third party intellectual property rights. Telenav also does not warrant that your use of the Service will be uninterrupted or error-free. Rather, temporary interruptions of the Service may occur from time to time (such as when you proceed into an area that has no cell phone coverage or when the Service 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 damages due to such interruptions.
Telenav also does not warrant the accuracy of the data delivered to or sent via the Service. Such data may not always be accurate or current. 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 the Service 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.
YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, WILL TELENAV OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS (INCLUDING, WITHOUT LIMITATION, TELENAV'S WIRELESS CARRIER PARTNERS) OR SUPPLIERS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATED TO OR RESULTING FROM: (A) THE USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF YOUR LOCATION INFORMATION; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SMART PLANNER APPLICATION OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH TELENAV OR ANY OTHER USER OF THE SERVICES, EVEN IF TELENAV OR A TELENAV AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT SHALL TELENAV'S (OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR THIRD-PARTY PARTNERS INCLUDING, WITHOUT LIMITATION, TELENAV'S WIRELESS CARRIER PARTNERS') TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICES (WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), WARRANTY, OR OTHERWISE EXCEED THE AMOUNTS PAID BY YOU FOR ACCESSING THE TELENAV SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM OR ONE THOUSAND DOLLARS, WHICHEVER IS GREATER.
THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN TELENAV AND RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SERVICE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT TELENAV'S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
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 the Service or the Smart Planner application. Telenav reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
The Smart Planner application and service are owned and operated by Telenav. The Smart Planner application and service, content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, including, but not limited to, the mobile device applications, and all other elements of the services (collectively, the "Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained in the Service are the property of Telenav or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names displayed on the Service are proprietary to Telenav or its affiliates and/or third-party licensors. Except as expressly authorized by Telenav, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
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 law provisions. You agree to submit to the exclusive jurisdiction of the courts of the County of Santa Clara, California.
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. 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. You may not sell, 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 at any time without notice to an affiliate or in conjunction with the sale or transfer of substantially all of Telenav's assets associated with the Service. By using the Service, you consent to receive from Telenav all communications, including notices, agreements, legally required disclosures or other information in connection with the Service (collectively, "Notices") electronically. Telenav may provide such Notices by posting them on the www.telenav.com 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 the Service. If you have any questions regarding the terms of this Agreement, please contact Telenav by sending an email to firstname.lastname@example.org.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE.
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.
You acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this Agreement, and that Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.