Terms & Conditions

Thanks for using the AUTOsist application. This app contains the Terms of Use governing your access to and use of the AUTOsist (the “Application” or “App”). If you do not accept these Terms of Use or you do not meet or comply with their provisions, you may not use the Application.

YOUR USE OF THIS APPLICATION IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTING AND AGREEING TO THESE TERMS OF USE.

For users who are not registered with this Application, your use of the Application will be deemed to be acceptance of the Terms of Use.

For users who are registered with the Application, your use of the Application shall be subject to (i) certain designated terms in addition to those terms applicable to all users and (ii) shall be further conditioned on your [clicking the “I AGREE TO THE TERMS OF USE” button at the end of these Terms of Use].

IF THESE TERMS OF USE ARE NOT COMPLETELY ACCEPTABLE TO YOU, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS APPLICATION.

A. TERMS APPLICABLE TO ALL USERS

Overview

When you use our Services, you provide us with things like your receipts, documents, files, and so on (“your records” ). Your records are yours. These Terms don’t give us any rights to your records except for the limited rights that enable us to offer the Services.

We need your permission to do things like hosting your records, backing it up, and sharing it when you ask us to. Our Services also provide you with features like photo thumbnails, document previews, export files, sorting, editing, sharing and searching. These and other features may require our systems to access, store and scan your records. You give us permission to do those things, and this permission extends to trusted third parties we work with.   Even with your records stored electronically, it’s always a good idea to keep hard copies of your records and/or back them up.  Your information is backed up daily via our servers and while we do our best to keep your information secure, AUTOsist cannot be held liable for any data or records lost from your account.  We recommend exporting your data regular for extra back up via the web portal.

Import Records Feature
By using this feature, you give permission to AUTOsist to import your vehicle records by sending them via US Mail or Email. The time it takes to import the records is based on the total number of records sent. Therefore, AUTOsist cannot guarantee a time that all of them will be loaded into your account. We will try our best to upload all records to your account in a timely fashion. If you mailed us physical copies of your records, we will mail them back to you once imported so you have the original copies. AUTOsist cannot be held liable for any records that are lost or stolen.

Transfer Vehicle Feature
By selecting this feature, you give AUTOsist permission to transfer the records you select to the email address you provide. AUTOsist will never transfer any of your records in the “GloveBox” section.

Maintenance / Service Schedule Data

The data displayed in the “schedule” section of the application is pulled from the Edmunds API.  AUTOsist has no responsibility of the accuracy of this information as this is data pulled directly from Edmunds.com using the developer API.

In-App Purchases / Paid Accounts

Billing :  You can add paid features to your account (turning your account into a “Paid Account”).  You’re responsible for all applicable taxes, and we’ll charge tax when required to do so.

No Refunds :  All sales are final.  You can cancel your account at anytime but you will not be issued any refunds.

Changes . We may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account.

Billing and Payments

We may give you a limited trial period during which you will receive the Service free of charge. After this period, you will be charged a recurring service fee in advance of the applicable Service Period.

Your account will be renewed automatically at the end of each Service Period until either you or we cancel the Service.

There will be no refunds or credits for partial use of service, upgrade/downgrade refunds, account cancellations, or refunds for months/years unused with an open account. If you have any questions about charges made to your account, please contact us immediately.

For any change in your recurring service fee, we will automatically charge your credit card or other payment form that you provided for the new rate on your next billing cycle.

By subscribing to the Service you give us the right to charge your credit card, or bill you via other payment methods, for fees connected with the Service such as renewal fees or fees for extra services.

You agree to pay any and all applicable international, federal, state, and local sales, use, value-added, excise, duty, and any other taxes, fees, or duties, not based on our net income, that are assessed on or as a result of the Service.

Cancellation and Termination

You’re responsible for properly canceling your account. You can cancel your account at any time by emailing us at info@autosist.com.

Your account will immediately be paused.  If you want to preserve your information, you must export your information before canceling your account. Your information may not be recoverable once your account is cancelled

Accounts labeled as “Consumer” or “For Personal Use” will be monitored regularly.  Accounts that are found using AUTOsist for business use under a Consumer and/or Personal Use plan will be subject to immediate suspension and/or termination.

Any abuse of the Service will lead to termination of your account. We reserve the right to decide what is considered abuse of the Service. If your account is terminated, your rights to use the Service will cease immediately. Termination is without prejudice to all other remedies available to us by law or under these Terms.

Changes To Terms

AUTOsist may, at any time, for any reason and without notice, make changes to (i) this Application, including its look, feel, format, and content, as well as (ii) the products and/or services as described in this Application. Any modifications will take effect when posted to the Application. Therefore, each time you access the Application, you need to review the Terms of Use upon which access and use of this Application is conditioned. By your continuing use of the Application after changes are posted, you will be deemed to have accepted such changes.
We may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account.

Jurisdiction

The Application is directed to those individuals and entities located in the United States. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Application and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on this Application. AUTOsist makes no representation that the information, opinions, advice or other content on the Application (collectively, “Content”) is appropriate or that its products and services are available outside of the United States. Those who choose to access this Application from other locations do so at their own risk and are responsible for compliance with applicable local laws.

Termination

You’re free to stop using our Services at any time. We also reserve the right to suspend or end the services at any time at our discretion and without notice. Except for Paid Accounts, we reserve the right to terminate and delete your account if you haven’t accessed our Services for 12 consecutive months (we will attempt to reach out to you several times and notify you if this ever happens).

Copyrights and Trademarks

The materials of this App, as well as the organization and layout of this app, are copyrighted and are protected by United States and international copyright laws and treaty provisions. You may access, download and print materials on this Application solely for your personal and non-commercial use; however, any print out of this App, or portions of the App, must include AUTOsist’s copyright notice. No right, title or interest in any of the materials contained on this App is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of this App; create derivative works from, link to or frame in another application, use on any other application, transfer or sell any information obtained from this App without the prior written permission of AUTOsist.
AUTOsist respects the intellectual property rights of others and expects our Users/ users to do the same. The policy of AUTOsist is to terminate the accounts of repeat copyright offenders and other users who infringe upon the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at info@AUTOsist.com.

Links

For your convenience, we may provide links to various other Applications that may be of interest to you and for your convenience only. However, AUTOsist does not control or endorse such Applications and is not responsible for their content nor is it responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such Applications. Please read the terms and conditions or terms of use policies of any other company or application you may link to from our application. These Terms of Use policy applies only to AUTOsist’s application and the products and services AUTOsist offers. If you decide to access any of the third party apps linked to this Application, you do so at your own risk. AUTOsist reserves the right to terminate any link or linking program at any time. AUTOsist disclaims all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such apps.
You may not link to this Application without AUTOsist’s written permission. If you are interested in linking to this Application, please contact info@AUTOsist.com

No Unlawful Or Prohibited Use

As a condition of your use of the Application, you warrant to AUTOsist that you will not use the Application for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Application in any manner that could damage, disable, overburden, or impair the App or interfere with any other party’s use and enjoyment of the Application. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the App.

Spamming

Gathering email addresses from AUTOsist through harvesting or automated means is prohibited. Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other Users is prohibited. Inquiries regarding a commercial relationship with AUTOsist should be directed to: info@AUTOsist.com

No Warranties

THE APPLICATION, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT, ALL OF WHICH AUTOsist EXPRESSLY DISCLAIMS. AUTOsist DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT, AND AUTOsist WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE APPLICATION OR ANY CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT OF THE APPLICATION. AUTOsist MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE APPLICATION AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY AUTOsist. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION
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Governing Law, Location and Miscellaneous

These Terms of Use shall be governed in all respects by the laws of the State of California USA, without reference to its choice of law rules. If an applicable law is in conflict with any part of the Terms of Use, the Terms of Use will be deemed modified to conform to the law. The other provisions will not be affected by any such modification.

Separate Agreements

You may have other agreements with AUTOsist. Those agreements are separate and in addition to these Terms of Use. These Terms of Use do not modify, revise or amend the terms of any other agreements you may have with AUTOsist.

DMCA Copyright Policy and Copyright Agent

AUTOsist respects the intellectual property rights of others. If you believe something on this App has infringed your intellectual property rights, please notify our agent and provide the following information:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled.
(iv) Address, telephone number, and, if available, an electronic mail address where we may contact you.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The App’s Copyright Agent can be reached at:
AUTOsist
info@AUTOsist.com

No Professional Advice

The information available on the Application is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. You should not construe this as legal, accounting or other professional advice. This Application is not intended for use by minors. YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS AND ADVICE AVAILABLE ON THIS APPLICATION IN CONSULTATION WITH YOUR INSURANCE SPECIALIST, OR WITH YOUR LEGAL, TAX, FINANCIAL OR OTHER ADVISOR, AS APPROPRIATE.

Users Disputes

You are solely responsible for your interactions with other Users. AUTOsist reserves the right, but has no obligation, to monitor disputes between you and other Users.

User Submissions And Communications; Public Areas

AUTOsist reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. AUTOsist has no liability or responsibility to users of the AUTOsist Application or any other person or entity for performance or nonperformance of the aforementioned activities.

Arbitration

Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting any AUTOsist confidential information and/or intellectual property rights, any controversy or claim arising out of or relating to these Terms of Use or this Application shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held in California USA.
All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.
Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator’s decision and any award contained therein.

Limitation of Liability

YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. AUTOsist SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF AUTOsist HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE APPLICATION OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE APPLICATION OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY AUTOsist. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.

Indemnity

You agree to defend, indemnify, and hold AUTOsist, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.

B. ADDITIONAL TERMS APPLICABLE ONLY TO REGISTERED USERS
Accounts And Security

AUTOsist does not warrant that the functions contained in the service provided by the Application will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.
As part of the registration process, each user will select a password (“Password”) and Email address (“Login Name”). You shall provide AUTOsist with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your Account.
You may not:
(a) select or use a Login Name of another person with the intent to impersonate that person;
(b) use a name subject to the rights of any other person without authorization;
(c) use a Login Name that Application, in its sole discretion, deems inappropriate or offensive.
You shall notify AUTOsist of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password.
Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at AUTOsist’s sole discretion, and you may be reported to appropriate law-enforcement agencies.
Contact us: If you would like to request additional information regarding these Terms of Use, please contact us at info@AUTOsist.com