These Terms of Service ("Terms", "TOS") is a legal agreement between you or the entity that you represent ("You", "Your") and CarPage, a private limited company ("CarPage", "We", "Our", "Us") governing all use of the https://carpage.io website and all content, products and services available at or through the website ("Service").
By accessing any part of the website or the Service you indicate that you accept these Terms in full. If you do not accept these Terms in full, then please do not access and/or use the website and/or the Service.
You acknowledge that these Terms govern your use of the Service and constitute the entire agreement between you and CarPage and take the place of any prior agreements between you and CarPage (including, but not limited to, any prior versions of the Terms).
Subject to these Terms, we grant you a non-exclusive, non-transferable, non-sub-licensable right to remotely access and use the Service for your own internal business purposes or for your own personal use.
We reserve the right to refuse the Service to anyone, at any time, and for any reason.
We may at any time change, revise, delete or discontinue (temporarily or permanently) the Service (or any part thereof) with or without notice. Your continued use of the Service, or any part or element thereof, after effective date of modification, shall indicate your consent to the modification.
You must provide true, accurate, current, and complete information about yourself in order to complete the sign up process. You must also maintain and promptly update the information, provided during sign up, to keep it true, accurate, current, and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, we may terminate your account and refuse access to the Service (or any part or element thereof).
If multiple people need to use an account on behalf of your company, you may create separate accounts for as many people as you need, by inviting them to join your account. You are responsible and liable for all users who have accounts under your account and all activity, including posted content, by users who have accounts under your account.
You are responsible for the security of your account and confidentiality of your password and other sensitive information. CarPage cannot be held responsible or liable for any loss or damage to you or to any third party from your failure to comply with this security obligation. If you have reason to believe that your account is no longer secure, you agree to notify us immediately in writing.
You agree not to:
We reserve the right to terminate your account and disable access to the Service if we believe that you have violated any of the rules listed above.
We will use commercially reasonable efforts to ensure that the Service is available 24 hours a day, 7 days a week.
We reserve the right to deny access to the Service temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control. CarPage shall not be liable if for any reason the Service is unavailable at any time or for any period.
If your usage of the Service significantly exceeds the average of other CarPage users, we reserve the right to immediately disable your account or limit bandwidth usage until you can reduce your bandwidth consumption to more normal levels.
You acknowledge and understand that CarPage uses third party vendors to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
We may send confirmation messages, administrative messages, billing information, update and other service-related announcements via email. You may not opt-out of these communications, which are not promotional in nature.
We may send you marketing, newsletters and other email communications from time to time, including special offers and services. We will provide you with an option to unsubscribe from such communications by following the instructions contained within the email.
We provide technical support to both trial and paying users via email only. We reserve the right to refuse technical support for any reason. You acknowledge that we provide no warranty that all or any errors in the Service will be corrected.
You retain exclusive ownership of all content created or stored by you using the Service. We claim no intellectual property rights over the material you provide to the Service. Your content belongs to you.
We reserve, in our sole discretion, the right to access your account for technical support, to ensure proper functioning of the Service, or to use your data in an aggregated and anonymized format for the purposes of optimizing, improving, or enhancing the way the Service operates or to create new features.
You understand that the operation of the Service, including your content, may be unencrypted and involve hosting, copying and transmission over various networks. We will use commercially reasonable efforts to prevent access, use, modification or disclosure of your content and data.
You are solely responsible for all data and activities occurring under your account, all content and other materials that you upload, post, transmit, publish, provide or otherwise make available through the Service. You represent and warrant to us that you and all users who have accounts under your account, own all the content and materials or have obtained all permissions, releases, rights or licenses to post, upload and keep the data, content and materials using the Service. You acknowledge that you (or users of your organization) enter, or import all data with free consent and own will, and that you will immediately delete any private or personal data, if such action is required by local, national, or international data privacy laws.
We will have no liability to you for any unauthorized access or use of any of your content or data, any corruption, deletion, destruction or loss of any of your content or data.
You represent, warrant and undertake that when using the Service you will at all times comply with all applicable local, national, or international laws including, but not limited to, those relating to privacy and the processing of personal data.
In the event we believe, in our sole discretion, your content or data violates applicable laws, rules or regulations or these terms, we reserve the right to refuse or remove any content or data that is available using the Service, with or without notice.
You have the right to upgrade or downgrade to another Plan at any time. We do not accept any liability for the possible loss of your content, features, or capacity of the Account if you choose to downgrade to a lower level plan.
Paying accounts are subject to monthly fees. A valid credit card or PayPal account is required to subscribe to paid plan. You agree to pay and hereby authorize us to bill your payment instrument in advance on a recurring basis. You represent and warrant to us that you are authorized to use such payment instrument.
The credit card must be registered in either your name or that of your organization and is subject to validation and authorization checks of the card issuer.
The fees are posted on our website and are subject to change with 30 day notice in advance. Such notice may be provided at any time by posting the changes to the website, the Service, or via email message. We may charge fees for features or plans of the Service that were previously free.
The Service is billed in advance on a monthly basis, unless agreed otherwise between parties. All charges are final, non-cancelable, and non-refundable.
If you choose to upgrade or downgrade to another paid plan, we will charge the new rate starting from your next billing cycle. However the new plan will be activated immediately.
If for any reason we are unable to successfully bill your preferred payment instrument, we will retry for the next 7 days. If payment is not received within 7 days, we will suspend your account for another 60 days. If, within 60 days of suspending your account, the amount of any outstanding fees and charges is not paid to us in full, your account will be terminated and all content, users, and data will be deleted.
All fees issued by the Service are exclusive of all taxes, charges, levies, or duties imposed by taxing authorities. You are solely responsible for the payment of such taxes, charges, levies or duties. If we incur any tax obligation as a result of your purchase, we will invoice you for the taxed amount.
We may provide access to a trial account for the purpose of demonstrating the features and functionality of our Service. If, after the end of the trial period, you do not subscribe to a paid plan, we reserve the right to terminate your trial account and delete all data associated with it, without prior notice.
You may cancel your subscription by deleting your account at any time. You can delete your CarPage account from within your account settings page. A letter, email, or telephone request to delete your account is not considered a cancellation of your subscription. You are solely responsible for properly deleting your Account.
When an account is deleted, all data contained within it will be permanently deleted and the agreement between us as set out in these Terms will automatically terminate. Deleting paying account will also stop automatic renewal of your subscription and your payment instrument will not be charged again.
Your use of the Service is governed by the CarPage Privacy Policy (https://carpage.io/privacy-policy). Your election to use the Service indicates your acceptance of the terms of the then-current CarPage Privacy Policy.
We do not sell the Service to you, but only grant you a license to use the Service according to these Terms. We retain ownership in the Service and all intellectual property rights, including without limitation any and all patents, copyrights, trade secrets, trademarks, logos, graphics and images, functionality, design, the look and feel of the Service, and any other proprietary and other rights.
You may not duplicate, copy, or reuse any portion of the website or Service. Any use of extracts from the website or the Service for any purpose is prohibited.
You expressly understand, acknowledge and agree that the use of the website and the Service is at your sole risk and liability and you will be solely responsible for any damage to your computer system, mobile telephone, wireless device or data that results from the use of the Service.
The website, the Service, any linked sites and any support are all provided “as is” and “as available”, without warranty of any kind, express, implied or statutory, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, non-infringement of proprietary rights and any warranty as to the quality, suitability, truth, accuracy or completeness of any information or material contained on the website or the Service.
We make no warranty that the results of the use of the Service will be correct, accurate, or reliable, or that the Service will meet your expectations or specific requirements. We make no warranty that the Service will be uninterrupted, timely, secure, free of errors, free of virus or other harmful components, or that any and all defects will be corrected.
No advice or information, whether written or oral, obtained by you from CarPage, its employees or representatives shall create any warranty not expressly stated in the Terms.
You agree that CarPage shall, in no event, be liable for any direct, indirect, incidental, special, punitive, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, sales, business, goodwill, use, data or other intangible losses (even if CarPage has been advised of the possibility of such damages), arising out of or caused by your use of or inability to use the Service. Your sole and exclusive remedy for any dispute with CarPage related to any of the services shall be termination of such services. In no event shall our entire liability to you in respect of any service, whether direct or indirect, exceed the fees paid by you towards us in the three (3) months immediately preceding the events giving rise to the claim.
Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. To the extent that the laws of such jurisdictions apply, our liability will be limited to the greatest extent permitted by the applicable law.
You agree to defend, indemnify and hold harmless CarPage, its officers, directors, suppliers, partners, agents and employees from and against any and all losses, damages, liabilities, deficiencies, judgments, assessments, fines, costs and other expenses (including attorney’s fees and costs) arising out of or relating to your breach of this Terms of Service, your violation of any law or the rights of a third party or any other claim or liability associated with your use of the Service.
You must be at least 13 years old to use the Service.
You may not transfer, sublicense, lease, assign, rent, distribute, sell or otherwise dispose of the Service on a temporary or permanent basis, without our prior written consent, which we may withhold in our sole discretion. Any attempted transfer, sublicense, lease, assignment, rent, distribution, or sale without such prior written consent will be void and unenforceable.
We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations hereunder that is caused by any act, event, non-happening, omission or accident beyond our reasonable control ("Force Majeure"), such as (without limitation): fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility to use telecommunications networks, acts, decrees, legislation, regulations or restrictions of any government. We will use our reasonable endeavors to bring the Force Majeure event to a close or to find a solution by which we are able to resume normal functioning of the Service.
If we fail to exercise or enforce any right or provision of the Terms of Service, this shall not constitute a waiver of such rights and shall not relieve you from compliance with such obligations.
If any term, condition or provision of these Terms is held to be invalid, unlawful or unenforceable to any extent, legality and enforceability of any remaining terms, conditions or provisions shall not in any way be affected or impaired and a valid, legal and enforceable term, condition or provision of similar intent and economic impact shall be enforced instead.
These Terms will be governed by the laws of the Republic of Lithuania without regard to the conflicts of law provisions of any jurisdiction.
We reserve the right, at our sole discretion, to update and change the Terms of Service and the Privacy Policy. You will be provided notice of any such modification to these Terms or the Privacy Policy by electronic mail and/or by publishing the changes on the website.
Should you wish to terminate your use of the Service due to a modification to the Terms or the Privacy Policy, you may do so by deleting your account from within your account settings page. Your continued use of the Service after such changes have been posted on the website will be deemed to be your agreement to the amended Terms of Service and Privacy Policy.
If you have any questions regarding the Terms of Service, please contact us at info@carpage.io