Terms Of Use

Agreement for Website and Web applications

Updated and Effective as of August 2024

These Terms of Use, including any policies and procedures incorporated by reference, including these Terms of Use and our Privacy Policy, Money-Back Guarantee Policy, and Billing Terms (as updated from time to time, the "Terms," "Agreement," and "EULA") is a legal agreement between the User ("you," "your," or "user") and Neman Solutions OÜ ("we," "us," "our," "App," "Company") and govern your access to and use of our website, web application, and all related services, features, and content offered by the Company and all content related to its website available at https://www.caltrackai.com/ (The Website together with all content, app and other services available are collectively referred to as "App," "Service").

This Agreement describes the terms you may legally use the Service and the content contained there. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms of Use. By using this Service, you agree to be bound by the terms and conditions of this Agreement, including any policies and procedures incorporated by reference, including these Terms of Use Agreement and our Privacy Policy, Money-Back Guarantee Policy, and Billing Terms.

Please read these Terms carefully before using the Service. You indicate that you have read, understood, agreed to, and accepted the Terms, which take effect on the date you first use the Service. By accepting these Terms or using the Service, you agree to be bound by them. You also represent and warrant that you have the legal authority to accept the Terms. IF YOU DO NOT UNDERSTAND THE TERMS OR DO NOT ACCEPT ANY PART OF THEM, YOU SHOULD NOT USE THE SERVICE. The Service is provided by Neman Solutions OÜ, whose business address is located at Vesivarava Tn 50-201, Tallinn, 10152, Estonia (email: support@caltrackai.com).

Changes And Modifications.

We reserve the right to make changes to the Service, including both free and paid features, at any time, with or without prior notice (for instance, you will be able to view any Agreement changes on our website). Your use of the Service after the date such change(s) become effective will constitute your consent to the changed terms.

If you disagree with the change(s), you must immediately stop using the Service; otherwise, the new terms will apply to you.

The Service.

As long as you comply with this Agreement, we grant you a personal, non-transferable, non-exclusive, non-sublicensable, non-assignable, and revocable right to access and use the App under this Terms as it is intended to be accessed and used, and following this Agreement and applicable laws. We grant you no other rights, implied or otherwise. You may use this product and Service only to access or use the Service. The Service is developed for entertainment purposes and non-commercial use.
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It is provided with the understanding that we do not render psychological, health, or any other personal or professional services in connection with the Service. We are not medical care providers, and our specialists are not acting in a healthcare professional capacity. Please consult a competent professional if you require emotional, psychological, health, or additional assistance or advice. The Service does not include emergency, time-sensitive or urgent, remote, or critical care services. If you think you have a medical emergency, call 911 or go to the nearest open emergency room immediately.
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The information provided in the service may not be suitable for everyone. The service is meant to be a tool that could assist you in entertainment purposes. By using the service, you acknowledge that any activities you undertake as a result of it may involve risks. You accept and understand that you are solely responsible for your own health, life, and well-being, as well as that of your family and children (both born and unborn, as applicable), and you bear full responsibility for all present and future decisions.

Adults Only.

To access the App, you must be at least 16 years old in the EU and not barred from using the Service under applicable law. If you are under 18, your parent or guardian must review and accept the Terms, and by using the Service, you confirm that your parent or guardian has reviewed and accepted this Agreement. By using the Service, you promise to accept these Terms. If we reasonably believe that you do not sufficiently fulfill these criteria, we may suspend your use of the Service until you have provided us with acceptable proof of age. Following the Federal Children's Online Privacy Protection Act of 1998 ("COPPA"), we will never knowingly solicit, nor will we accept, personally identifiable information from Users of the Service known to be under 13 years of age. Please see our privacy policy for additional information, including how to notify us of any concerns

Accessibility

We are committed to making Service usable and accessible to the widest possible audience, regardless of technology or ability. While We strives to ensure the accessibility of Service, you may find some limitations. Please report any problems to the support team at Service (support@caltrackai.com).

You shall not: resell, rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the Service; copy, adapt, alter, modify, translate, or create derivative works of the Service without the written authorization of the Company; circumvent or disable any technological features or measures in the App for protection of intellectual property rights; use the App in an attempt to, or in conjunction with, any device, program, or Service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction; use App to engage in any illegal conduct; upload to transmit any communications that infringe or violate the rights of any party; upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with this Agreement and the our's Privacy Policy; or upload any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or this website. Any such forbidden use shall immediately terminate your license to use the App.

You are solely responsible for using the Service and any videos, words, information, messages, audio content, and any other content you upload to or create via the Service, whether privately transmitted or made publicly available. The App allows you to generate new original content based on your inputs and the parameters you set.

Uses of the Service

You agree not to, and will not assist, encourage, or enable others to:

1. Use the Service for any purpose that is prohibited by this Agreement. You are responsible for all of your activity in connection with the App, and you shall abide by all local, state, national, and international laws and regulations and any applicable regulatory codes.

2. Upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," "affiliate links," or any other form of solicitation, or any worms or viruses, or any code of a destructive nature;

3. Reverse engineer any portion of the Service;

4. Use any robot, spider, site search/retrieval application, or other automated devices, process, or means not provided by us to access, retrieve, scrape, or index any portion of Service;

5. Record, process, or mine information about other Users or the Service.

6. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive traffic demands on the Service

7. Interfere with the proper working of the Service, circumvent or otherwise interfere with any security-related features of the Service, or attempt to gain unauthorized access to the Service, registered user accounts, or any computers/networks associated with the Service through hacking, password mining, or any other means.

8. Use the Service for any illegal or unauthorized purpose. You agree to comply with all applicable laws, including the laws of your local jurisdiction, regarding online conduct and acceptable content (including but not limited to intellectual property laws).

9. You are not listed on any U.S. government list of prohibited or restricted parties.

10. Use the Service for any revenue-generating endeavor, commercial enterprise, or other purpose it is not designed or intended for.

11. Use the Service to create a product, service, or App that is, directly or indirectly, competitive with or in any way a substitute for the Service. Use our UI/UX design, content, or other intellectual property in your design, development, Etc.

All text, metadata, user interfaces and visual interfaces (including graphics, photographs, sounds, music, and artwork), trademarks, logos, computer code, and any compilations thereof (collectively, "Our Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel," and arrangement of Our Content, is owned, controlled, or licensed by or to Us, and is protected by trade dress, copyright, and trademark laws, and is subject to various other intellectual property rights. Except as expressly provided in this Agreement, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the Our Content for any purpose. Nothing otherwise stated or implied in the Service confers any license or right to do so on you.
Without the User's consent, we may transfer our rights and obligations under this Agreement to any other organization or individual. We will ensure the transfer will not affect the User's rights under the Agreement. The User may only transfer his rights or his obligations under this Agreement to another person if we conclude an additional Agreement to this Agreement.

Subscription. One-time purchase.

The current prices for our Services can be found on our website.We may offer services through our website, Apple Store and Google Play, or other third-party payment platforms (collectively "Third-party platforms") authorized by the Service.You may purchase a Subscription or make a one-time purchase directly from the Company, in which case it is the Company and the external payment service providers (Stripe, PayPal, Etc.) that collect money.

To place an order, the User must follow the ordering process, which takes place in 3 steps:
Step 1: The onboarding/quiz flow. The User should answer a few questions provided on the website to get more relevant and precise information about their needs/desires. After that, the User will receive options for the Service they could choose and purchase on the website.
Step 2: Choosing the Services and Payment. Upon performing a short quiz, each User sees a subscription screen. The User can pay via card or PayPal after choosing the subscription plan. The User is then required to complete their email address and purchase details. When the payment is successful, a user is shown a screen with the personal link to access the App and short instructions. A summary of all elements linked to the order is sent to the User's email. From the moment the User has confirmed their order by clicking on this button, they are considered to have knowingly accepted the content and conditions of the order, the fact that their order implies a payment obligation on their part, the prices, volumes, characteristics, quantities and delivery times of the Services ordered.
Step 3: The order is confirmed. Upon payment, a user also instantly receives an email with the same personal link to access the product and instructions on adding the site to their bookmarks and terminating their subscription (via contacting our Support Team or via the link). The User then receives an email indicating all information related to the purchase. The User is responsible for keeping the electronic mail on paper or computer.

If you choose to make a subscription or a one-time purchase, you will be prompted to confirm your purchase with the applicable payment provider, and your payment method will be charged at the prices displayed to you for the Service (s) you've selected, as well as any sales or similar taxes that may be imposed on your payments.
We are not responsible and share no liability for any payment processing errors that may occur when using Third-party platforms to make any subscription. We recommend you review the terms and conditions of any Third-party platforms before making a subscription. We worry about you and recommend making purchases responsibly and thoughtfully. The subscription will renew automatically for the same period at the end of the Subscription term at the cost of the chosen plan. Your Account will be charged for the renewed subscription within 24 hours before the current subscription ends. If You cancel the automatic renewal within the last 24 hours of the subscription, such cancellation will take effect at the end of the new subscription.

You may cancel the subscription renewal at least 24 hours before the end of the subscription: in this case, the App as a whole or its additional Content will be available to you until the end of the subscription. After that, the subscription will not be renewed automatically. To cancel the automatic renewal of the subscription, please, change the subscription settings of your Account. After the subscription ends, the App as a whole or its additional Content will be available only if a new Subscription is purchased. If you uninstall the App, your Subscription will not stop automatically. You must cancel the automatic renewal of your Subscription to avoid being charged the cost of the new subscription.

Note for the EU residents: If you are a consumer based in the EEA or Switzerland, when you make a purchase of a single item of digital content (such as PDF file, video and so on), you expressly agree that such content is made available to you immediately. As a result, you forfeit your right of withdrawal and will not be eligible for a refund. By signing up for our service, which is not a single item of digital content and is provided on a continuous basis (such as subscriptions to the app), you expressly request and consent to an immediate supply of such service.If you are an EEA or Switzerland resident, you have the right to withdraw from the agreement for purchase of digital content without charge and without giving any reason within fourteen (14) days from the date of such agreement conclusion. The withdrawal right does not apply if the performance of the agreement has begun with your prior express consent and your acknowledgment that you thereby lose your right of withdrawal. Therefore, if you exercise your right of withdrawal, we will deduct from your refund an amount that is proportionate to the service provided before you communicated your withdrawal from the contract. If you have not forfeited your right of withdrawal, the withdrawal period will conclude 14 days after you entering into the contract. To initiate your right of withdrawal, you must notify us within this 14-day period.
YOU HEREBY EXPRESSLY CONSENT TO THE IMMEDIATE PERFORMANCE OF THE AGREEMENT AND ACKNOWLEDGE THAT YOU WILL LOSE YOUR RIGHT OF WITHDRAWAL FROM THE AGREEMENT ONCE OUR SERVERS VALIDATE YOUR PURCHASE AND THE APPLICABLE PURCHASE IS SUCCESSFULLY DELIVERED TO YOU. Therefore, you will not be eligible for a refund unless the digital content is defective.

Our Service offers subscriptions and one-time purchases, about which you can find more detailed information on our website.

You can apply for a Refund by the process stated in the Money-Back Guarantee Policy that can be found on our website.

Subscriptions purchased via Google Play or/and Apple Store are subject to such stores. You should contact the relevant store to cancel such a subscription. We cannot grant refunds in such cases.

Links

To Third-Party Websites. The Service may link to third-party websites that are not under the control of Us. Links from the Service are provided as a convenience and for informational purposes only; they do not indicate endorsement, sponsorship of, or affiliation with the third party or content of the linked website, including any advertisements that may be posted. We have no control over and bear no responsibility for the externally linked websites' accuracy, legality, or content. Privacy policies and practices for such linked sites may differ from our Privacy Policy and practices. Your access and use of such linked websites are entirely and solely at your own risk. We urge you to read the privacy policies of such linked sites before disclosing your personal information on such websites.
From Third-Party Websites. Suppose you present a link to any portion of the Service from any third-party site. In that case, you agree to show the link in a manner that does not convey the impression that We endorse, whether expressly or implicitly, any products, services, or opinions provided on the website.
You acknowledge and agree that the availability of the App is subject to the third party from whom you obtained the App, such as the App Store, Google Play, and other similar app market. You are responsible for paying all fees imposed by the app market for the use of the App.

Violation of this Agreement – Termination

Your right to access and use Service terminates automatically upon your breach of any of the terms of this Agreement. You agree that we may, in our sole discretion and without prior notice to you, terminate your access to Service and/or block your future access to the Service for any reason, including if we determine that you have violated this Agreement or other agreements or guidelines which may be associated with your use of the Service Please note that it is our policy to terminate the accounts of Registered Users who repeatedly violate the copyrights, trademark rights, or other rights of third parties.
If we take any legal action against you as a result of your violation of this Agreement, we will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted. You agree that we will not be liable to you or to any third party for termination of your access to Service The disclaimer of warranties, the limitation of liability, and the jurisdiction and applicable law provisions will survive any termination.

Copyright, reporting, and notice & takedown policy

We respect the intellectual property rights of others and expect users of the Service to do the same.

All our content in the Service is created and reviewed by qualified experts, writers, and other contributors. We pay great attention to providing the most credible and recent information in our Service to ensure the safety and quality of our content. We have strict sourcing guidelines and rely on peer-reviewed studies, academic research institutions, government agencies, and medical associations. Each piece of content is thoroughly researched using reliable, primary, and current sources of information.

If you discover any content in the Service that you believe infringes your copyright, please report this to us in writing including the following information: a statement that you have identified content in the Service that infringes your copyright or the copyright of a third party on whose behalf you are entitled to act; a description of the copyright work that you claim has been infringed; a description of the Content that you claim is infringing and details of where on the Platform the Content that you claim is infringing may be found; your contact information including your full name, address and telephone number and a valid email address on which you can be contacted; a statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and a statement by you that the information in your notice is accurate and that you are authorised to act on behalf of the owner of the exclusive right that is allegedly infringed. In addition, if you wish for your notice to be considered as a notice pursuant to the United States Digital Millennium Copyright Act 17 U.S.C. §512(c), please also include the following: a declaration, under penalty of perjury, that you are the owner or authorized to act on behalf of the owner of the exclusive copyright that is allegedly infringed; and your electronic or physical signature (which may be a scanned copy).

We may provide you with the information regarding changes to the Agreement by email, regular mail, or postings to the Service. If you have general questions or concerns regarding these Terms of Use, please contact us at support@caltrackai.com.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ANY GOOD OR SERVICE DOWNLOADED OR USED THROUGH OR IN CONNECTION WITH THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE AND OUR PARENTS, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, LICENSORS, AND ANY PARTY UNDER OUR COMMON OWNERSHIP OR COMMON CORPORATE CONTROL (COLLECTIVELY, "OUR AFFILIATES") EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, OR ANY WARRANTY OR CONDITION ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. WE AND OUR AFFILIATES MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) CONTENT AND MATERIAL WILL BE HOSTED OR TRANSMITTED WITHOUT INTERRUPTION OR CESSATION; (d) ANY PRODUCTS, SITES, INFORMATION, OR OTHER MATERIAL, WHETHER IN TANGIBLE OR INTANGIBLE FORM, DOWNLOADED OR OBTAINED BY YOU THROUGH THE SERVICE, WILL MEET YOUR EXPECTATIONS OR ANY STANDARD OF QUALITY; AND (e) ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICE OR RELATED SOFTWARE WILL BE CORRECTED. ANY MATERIAL, INFORMATION, OR DATA DOWNLOADED, VIEWED, SHARED, OR OTHERWISE ACCESSED ON OR THROUGH THE SERVICE IS ACCESSED AT YOUR DISCRETION AND RISK; YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING, VIEWING, SHARING, OR OTHERWISE ACCESSING OF SUCH MATERIAL. NO ADVICE, REPRESENTATION, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU EITHER FROM US OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

WE DO NOT PROVIDE ANY MEDICAL ADVICE, HEALTH INSURANCE, OR OTHER HEALTHCARE SERVICES. THE SERVICE MAY NOT BE APPROPRIATE FOR ALL PERSONS AND IS NOT A SUBSTITUTE FOR PROFESSIONAL HEALTHCARE SERVICES. YOU ACKNOWLEDGE THAT YOU SHOULD CONSULT WITH YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL TO DETERMINE WHETHER THE SERVICE WOULD BE SAFE AND EFFECTIVE FOR YOU. IN THIS CONTEXT, YOU ACKNOWLEDGE THAT YOU TAKE FULL RESPONSIBILITY FOR YOUR HEALTH, LIFE, AND WELL-BEING, AS WELL AS THE HEALTH, LIVES, AND WELL-BEING OF YOUR FAMILY AND CHILDREN (BORN AND UNBORN, AS APPLICABLE), AND ALL DECISIONS NOW OR IN THE FUTURE. THE COMPANY DOES NOT ASSUME ANY LIABILITY FOR INACCURACIES OR MISSTATEMENTS ABOUT THE STRESS REPORT RESULTS.

WE MAY MODIFY OR DISCONTINUE, TEMPORARILY OR PERMANENTLY, THE SERVICE (OR ANY PART THEREOF) AT OUR SOLE DISCRETION, WITH OR WITHOUT NOTICE. YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION, OR DISCONTINUANCE OF THE SERVICE.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT MAY INCUR BECAUSE OF YOU, HOWEVER, CAUSED AND UNDER ANY THEORY OF LIABILITY. IT INCLUDES, BUT IS NOT LIMITED TO, ANY LOSS OF PROFITS, GOODWILL, OR BUSINESS REPUTATION; ANY LOSS OF DATA; ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR ANY OTHER INTANGIBLE LOSSES. IT ALSO INCLUDES ANY LOSS OR DAMAGES THAT MAY INCUR BECAUSE OF YOU AS A RESULT OF (a) ANY CHANGES THAT WE MAY MAKE TO THE SERVICE; (b) ANY PERMANENT OR TEMPORARY CESSATION OF THE SERVICE; (c) THE DELETION OR CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT OR DATA (INCLUDING WITHOUT LIMITATION USER CONTENT, EDUCATIONAL MATERIAL, AND METADATA) MAINTAINED THROUGH THE SERVICE; OR (d) YOUR FAILURE TO KEEP YOUR REGISTERED USER ACCOUNT DETAILS SECURE. THE LIMITATIONS AND EXCLUSIONS OF LIABILITY ABOVE SHALL APPLY IRRESPECTIVE OF THE THEORY OF LIABILITY, INCLUDING CONTRACT (INCLUDING FUNDAMENTAL BREACH), WARRANTY, PRODUCT LIABILITY, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER THEORY, EVEN IF WE (OR OUR AFFILIATES) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR OWN RISK. THE COMPANY WILL HAVE NO RESPONSIBILITY FOR ANY HARM TO YOUR COMPUTING SYSTEM, LOSS OF DATA, OR OTHER HARM TO YOU OR ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY BODILY HARM THAT RESULTS FROM YOUR ACCESS TO OR YOUR USE OF THE SERVICE.

Exclusions and Limitations

SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND, IN SUCH INSTANCES, OUR LIABILITY AND THAT OF OUR AFFILIATES WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Indemnification

You agree to defend, indemnify, and hold Us and Our Affiliates harmless from and against any and all liabilities and costs (including reasonable attorneys’ fees) we may incur in connection with any claim arising out of your breach of this Agreement or your use of the Service. We reserve the right, but have no obligation, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Governing Law.

Cyprus law will govern this Agreement and any claim, cause of action, or dispute between us concerning the Service, content appearing thereon, or any other matter without regard to conflict of law provisions. For any claim brought by either party relating to or not governed by the arbitration provision of these Terms of Use, the parties agree to submit and consent to the personal and exclusive jurisdiction in, and the exclusive venue of courts located within the laws of the Republic of Cyprus.

Unless prohibited by law, you agree that any future claims you may have must be resolved through confidential arbitration, which will be final and binding. By agreeing to this provision, you acknowledge and accept that you are waiving your right to a trial by jury. It's important to note that the rights you would have in court, such as the ability to engage in discovery or the right to appeal, may be more limited or nonexistent in the arbitration process. You agree that any claim you bring will be on an individual basis and not as part of a class or representative proceeding. Furthermore, you acknowledge that the arbitrator is not authorized to consolidate proceedings, claims, or preside over any form of representative or class action. Both you and the Company, along with their respective agents, corporate parents, subsidiaries, affiliates, predecessors in interest, successors, and assigns, agree to arbitration (except for matters that may be handled in small claims court) as the sole method of resolving any disputes or claims arising from this agreement, the service, or the privacy policy. This exclusivity applies unless you are located in a jurisdiction that prohibits the sole use of arbitration for dispute resolution

Statute Of Limitations.

You agree that, regardless of any statute or law to the contrary, any claim under this Agreement must be brought within one (1) year after the cause of action arises, or such claim or cause of action is forever barred.

Severability of Terms; Non-waiver of Terms; Assignment.

If any portion(s) of the Agreement holds to be invalid or unenforceable, such provision(s) shall be stricken, and the remainder of the Agreement enforced as written. If we do not exercise or enforce any legal right or remedy, including those contained in the Agreement or arising under applicable laws, this will not be taken to be a formal waiver or relinquishment of our rights. We may entirely or partially assign or delegate all rights and obligations under the Agreement. You may not assign or delegate any rights or obligations under the Terms of Use or Privacy Policy without Our prior written consent, and any attempted assignment in violation of the foregoing will be null and void.

By using the Service, you agree that we communicate with you electronically, and all communication conducted on the Service, or via e-mail is considered to be electronic communication. This includes sending electronic communications, notices, disclosures, agreements, and other relevant information. These electronic communications have the same legal validity and effect as if they were in writing and signed by the sending party. By clicking on buttons labeled "SUBMIT," "CONTINUE," "I AGREE," or similar links or buttons, you are providing a legally binding electronic signature and entering into a legally binding contract. Your electronic submissions confirm your agreement and intention to be bound by these Terms. You also consent to the use of electronic signatures, contracts, orders, and other records, as well as electronic delivery of notices, policies, and transaction records initiated or completed through the Service.

Notices

We may provide you with notices, including those regarding changes to the Agreement, by email, by regular mail, or by postings to Service If you have general questions or concerns regarding these Terms of Use, please contact us at support@caltrackai.com.

I HAVE READ THESE TERMS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.