Terms of Service - Auklet

Terms of Service

By using the auklet.io web site (“Service(s)”), or any services of Auklet (“Auklet”, “ESG Mobility”, or “We”), You (“Subscriber”, “You”, or “you”) are agreeing to be bound by the following terms and conditions (“Terms of Service” or “Terms”). If Auklet desires to make material changes to the Terms, we will notify you by email or by posting a notice on our site before the changes are effective. Any new features that modify, augment or enhance the Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: https://auklet.io/terms/. You are responsible for your use of the Service. Violation of any of the Terms will result in the suspension of your account and may result in termination of your account. You agree to use the Service at your own risk.

General

  1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
  2. Support for Auklet services is only available in English, via email or in app communication.
  3. You understand that the Service uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  4. You may not attempt to modify, adapt, or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Auklet, ESG Automotive or any other ESG Mobility service.
  5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission of Auklet or ESG Mobility.
  6. We may, but have no obligation to, hide Content and Accounts containing Content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or that violates any party’s intellectual property rights or these Terms of Service. We reserve the right to remove content that is illegal in nature (such as child pornography) at our sole discretion and without notice at any time.
  7. Verbal, physical, written, or other abuse (including threats of abuse or retribution) directed at any Auklet customer, employee, member, or officer will result in immediate account suspension. Further investigation may result in termination of the account.
  8. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  9. You may not transmit any worms or viruses or any code of a destructive, harmful, or malicious nature.
  10. Auklet does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the Service will be corrected.
  11. You expressly understand and agree that Auklet shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Auklet has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third-party on the Service; (v) or any other matter relating to the Service.
  12. Questions about the Terms of Service should be sent to support@auklet.io
  13. You must be 13 years or older to use this Service.
  14. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
  15. You must provide your name, a valid email address, and any other information requested in order to complete the signup process.
  16. Your login may only be used by one person – a single login shared by multiple people is not permitted.
  17. You are responsible for maintaining the security of your account and password. Auklet cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  18. You are responsible for all Content posted and activity that occurs under your account.
  19. One person may not maintain more than one account at any time.
  20. You may not use the Service for any illegal or unauthorized purpose. You may not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright, trademark, or campaign contribution laws).
  21. If you become aware of any actual or threatened activity prohibited by these Terms, you shall, and shall cause your authorized users to, immediately: (a) take all reasonable and lawful measures within their respective control that are necessary to stop the activity or threatened activity and to mitigate its effects (including, where applicable, by discontinuing and preventing any unauthorized access to the Services and permanently erasing from their systems and destroying any data to which any of them have gained unauthorized access); and (b) notify Auklet of any such actual or threatened activity.

Revisions to the Service

  1. Auklet reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
  2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Auklet Site (auklet.io) or the Service itself.
  3. Auklet shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Monetary Matters

  1. All paid plans must enter a valid payment account. Free accounts are not required to provide payment account information.
  2. An upgrade from the free plan to any paying plan will result in an immediate charge billed to you.
  3. For monthly payment plans, the Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
  4. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
  5. Deleting or downgrading an account may cause the loss of content, features, or capacity of your Account. Auklet is not liable for any such loss.

Mobile and Other Devices

  1. We currently provide our mobile services for free, but please be aware that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply.
  2. In the event you change or deactivate your mobile telephone number, you will update your account information on Auklet within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
  3. You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on Auklet.

Cancellation and Termination

  1. You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Settings link in the global navigation bar at the top of the screen.
  2. If You have a paid account and cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
  3. Auklet, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Auklet service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Auklet reserves the right to refuse service to anyone for any reason at any time.

Miscellaneous

This Agreement, as modified from time to time, constitutes the entire agreement between You and Auklet with respect to the subject matter hereof. This Agreement replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Auklet shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Auklet’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by Subscriber except with Auklet’s prior written consent. Auklet may assign this Agreement in whole or in part at any time without Subscriber’s consent. This Agreement shall be governed by and construed in accordance with the laws of the state of Michigan without regard to the conflict of laws provisions thereof. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Subscriber does not have any authority of any kind to bind Auklet in any respect whatsoever. Any notice to the Service that is required or permitted by this Agreement shall be in writing and shall be deemed effective upon receipt, when sent by confirmed e-mail to support@auklet.io.