Terms and Conditions
1 Soter Driving, Inc. TERMS AND CONDITIONS
Effective Date: August 25, 2023
Last Updated: This Terms and Conditions Agreement was last updated on August 25, 2023
1. Welcome to Soter Driving ("App"), the flagship product of Soter Driving, Inc. (“Company”). The following Terms and Conditions ("Terms") govern your use of the App and its services. Please read these Terms of Service carefully before accessing or using the App. By using the App, You agree to comply with and be bound by these Terms. If You do not agree to all of these Terms and Conditions of this agreement, then You may not access the App or use any of its Services.
2. Any new features or tools which are added to the App shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on Our website, or in the App. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to Our website or App. It is your responsibility to check the Terms periodically for changes. Your continued use of the App constitutes acceptance of any potential future changes.
3. For purposes of this document, the terms “We”, “Us”, and “Our” refer to the Company.
4. “You” refers to you, as a user of our App. “Service” refers to the Company’s services accessed via the App, in which users can receive audio cues while driving to try to redirect user attention if the app estimates that the user is distracted. Users can also receive comprehensive driving reports based on historical driving data.
1.2 Terms of Service
5. The App is designed to provide driving safety features and services, but You acknowledge that it is not a substitute for responsible and safe driving practices. You must exercise caution and follow all traffic laws while using the App. By accessing or using the App, You acknowledge that You have read, understood, and agree to be bound by these Terms. If You do not agree to these Terms, please refrain from using the App.
1.3 Acceptance of Terms
6. These Terms constitute a legally binding agreement between You and Soter Driving, Inc.
7. The terms contained within this document governs Your use of the App and its Services.
8. By accessing or using the App, You acknowledge and agree that You have read, understood, and agree to be bound by these Terms and any other policies or guidelines posted on the App.
9. The App is designed to provide driving safety features and services, but You acknowledge that it is not a substitute for responsible and safe driving practices. You must exercise caution and follow all traffic laws while using the App.
10. If You do not agree to these Terms, refrain from using the App.
1.4 License and Intellectual Property
11. Soter Driving, Inc. grants You a limited, non-exclusive, non-transferable, and revocable license to use the App and its Services solely for Your personal purposes.
12. All intellectual property rights, including but not limited to trademarks, copyrights, patents, and trade secrets, associated with the App, its content, and any related materials, are the exclusive property of Soter Driving, Inc. or its licensors. You agree not to copy, modify, distribute, sell, lease, or create derivative works based on the App or any part thereof.
13. You retain ownership of any data or content you submit through the App. However, You grant Soter Driving, Inc. a worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such data or content solely for the purpose of providing the services and improving the App.
1.5 Limitation of Liability
14. Soter Driving, Inc. shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, data, or other intangible losses resulting from:
14.1. Your use or inability to use the App;
14.2. Unauthorized access to or alteration of your data;
14.3. Any conduct or content of any third party on the App; or
14.4. Any other matter relating to the App.
15. You expressly agree that your use of the App and its Services is at Your sole risk.
1.6 Heavy Machinery and Use of the App
16. The App is designed to enhance driving safety and promote responsible driving habits. However, You acknowledge and agree that the App is not a substitute for safe driving practices, and You must always exercise caution and abide by traffic laws while driving.
17. You agree not to use the App in any way that may distract you while driving or interfere with Your ability to operate Your heavy machinery safely.
18. You are solely responsible for complying with all applicable laws and regulations while using the App, including but not limited to laws related to distracted driving and mobile device usage.
19. At times, the App may play a sound if the App determines You are distracted. The purpose of this audio cue is to re-focus attention on the operation of heavy machinery and reduce distraction durations. If You believe the audio cue is distracting, may be distracting, impedes, or may impede your ability to safely operate heavy machinery, do not use the App.
20. The App’s ability to properly function may be limited in the presence of certain conditions including but not limited to darkness and the use of hats, sunglasses, or other objects that obstruct the face.
21. To be abundantly clear, Soter Driving, Inc. is not responsible for injury, serious bodily harm, or death that occurs during the usage of its Services. If You feel that you cannot safely operate heavy machinery while using the App, do not use the App.
22. Your subscription to the App includes enrollment into an ongoing and recurring payment plan. Your subscription will automatically renew at the end of the billing period unless the subscription is cancelled prior to the renewal of the subscription. The billing period may be defined as the number of calendar days between each recurring billing date. The billing period corresponds to the duration for which your subscription is active. Payment will be charged to your chosen payment method at confirmation of purchase and at the start of every new billing period, unless cancelled. You acknowledge that the billing date may vary, including if your subscription began on a day not contained in another month. We reserve the right to change our pricing. In the event of a price change, we will attempt to notify you in advance of the change by sending an email to the email address you have registered for your account or notifying you through the App. If you do not wish to accept a price change, you may cancel your subscription. If you do not cancel your subscription, your subscription will be renewed at the price in effect at the time of the renewal, without any action by you, and you authorize your payment method to be charged for these amounts. You are responsible for all third-party Internet access charges and taxes in connection with your use of the App.
23. We reserve the right to reject any order or purchase at any time at our sole discretion. If your initial payment authorization is later revoked, your subscription access will be terminated. We reserve the right to revoke your access to the Services at any time at our sole discretion and without any prior notice.
24. You can cancel your subscription at any time before the end of the current billing period or free trial. Cancellation will take effect at the end of the current billing period unless otherwise disclosed. If you cancel, you will continue to have access to the Service through the end of your current billing period, unless you are subscribed through a free trial in which case cancellation may be effective immediately. You must cancel your subscription prior to the day before your next recurring billing date in order to avoid being charged for the next billing period. We do not refund or credit for partially used billing periods. If you have any issues cancelling your subscription, reach out to our support team at the email provided at the end of this document to receive assistance.
25. In the event of a failed attempt to charge your payment method, we reserve the right to retry billing your payment method. If a payment is not successfully authorized due to expiration, insufficient funds, or otherwise, we may suspend or terminate your account and/or subscription. You will be responsible for any amounts you fail to pay in connection with your subscription, including collection costs, bank overdraft fees, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs. You also agree that we may charge your payment method on file if you decide to restart your subscription.
26. You are also responsible for any additional fees not previously mentioned and associated with any aspect of the use of, or payment for, the App and/or Services provided.
27. You agree to defend, indemnify, and hold harmless Soter Driving, Inc. and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorneys' fees and costs, arising out of or in any way connected with:
27.1. Your use of the App;
27.2. Your violation of these Terms;
27.3. Your violation of any third-party rights; or
27.4. Your conduct or content transmitted through the App.
28. Soter Driving, Inc. may, at its sole discretion, suspend or terminate your access to the App and its Services without prior notice if you violate these Terms or engage in any activities that may harm the App or its users.
29. Upon termination, all provisions of these Terms that would reasonably be expected to survive termination, including but not limited to intellectual property rights, limitation of liability, and indemnification, shall continue to apply.
1.9 Governing Law and Jurisdiction
30. These Terms shall be governed by and construed in accordance with the laws of Georgia, USA without regard to its conflict of laws principles.
31. Any dispute arising out of or relating to these Terms or your use of the App shall be subject to the exclusive jurisdiction of the courts of Georgia, USA.
1.10 Changes to the Terms
32. Soter Driving, Inc. reserves the right to modify or update these Terms at any time without prior notice.
33. By continuing to use the App after any such changes, you agree to be bound by the revised Terms.
1.11 Contact Information
34. If you have any questions or concerns regarding these Terms, please contact us at:
Soter Driving, Inc.
By accessing and using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms and any other policies or guidelines posted on the App.