Also read: Privacy Notice
Terms of Service
Last updated August 5, 2017
We’re thrilled that you decided to use Coastline’s products and services, which include our apps, coaching service, website and other things which we haven’t even thought of yet, all of which we will just call the “Services”. We work hard to provide a great experience for you, including these very words, so we’re so glad that you are reading this.
We wrote these Terms of Service (which we will call the “Terms” below) to explain the rules that govern our relationship with you. As part of our commitment to building a great relationship with you, we’ve done our best to use plain English in these Terms. There is still some legalese throughout though, and for good reason: these Terms form a legally binding contract between you and Coastline. Throughout these Terms, we’ll use words like “we”, “us”, “our”, “Coastline”, “coast.ai” etc., which refer to Coastline Automation, Inc, a corporation registered in Delaware.
In addition to these Terms, you also need to agree to our approach to Privacy. We’ve outlined that approach in our Privacy Notice, which I ask you kindly to read as well.
By using the Services, you are agreeing to the Terms. If you don’t agree with these terms, then do not use the Services.
One more thing before we jump into it – THESE TERMS INCLUDE AN ARBITRATION CLAUSE. That means both you and Coastline waive the right to go to court or file class actions in most cases. You should seriously read that part and make sure you are okay with it.
Who can use the Services
The Services are meant for people who are old enough to legally hold a driver’s license or permit. That said, you can’t be under the age of 13 and use the Services. If we find out that you are, we’ll have to cancel your account, sorry.
By using the Services, you state that:
- You can form a binding contract with Coastline Automation, Inc.
- You will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
If you are using the Services on behalf of a business or some other entity, you state that you are authorized to grant all licenses set forth in these Terms and to agree to these Terms on behalf of the business or entity.
Driving a vehicle is a dangerous activity, and our goal is to make it more safe.
When using the Services, you may receive coaching on driving skills by a combination of driving instructors and/or from computer algorithms (artificial intelligence). The information provided is not intended to replace formal driver training required or recommended in your state or country. We provide coaching for driving skills in general, and while we will attempt to provide location-appropriate coaching related to rules of the road that differ from place to place, we may not always get it right. Use good judgement for how, if, and when to put our coaching into practice while driving. Follow the information provided on the road, such as travel direction, time based restrictions, lane restrictions, road blockades, traffic signs, traffic lights, police instructions, etc. Do not use our Services in a way that would distract you from obeying traffic or safety laws.
Payment and Renewal
If you sign up for a paid product or service, you agree to pay us the fees listed. Subscription payments will be charged on a pre-pay basis on the day you sign up and will cover the use of that service for a monthly or annual subscription period as indicated.
Subscriptions are auto-renewing, which means at the end of the period you’ve paid for, we’ll charge you again for the next period without asking you first, using the credit card or other payment mechanism we have on file for you. You can cancel any time, and if you do your service will continue for the period that you’ve paid for without auto-renewing, and we won’t refund any money you’ve paid.
If we offer you a trial period, and you decide not to continue using the Services, you’ll be responsible for canceling your subscription. If you don’t cancel, you’ll automatically be charged for the service you signed up for.
One day we might change the fees we charge or the terms by which we charge those fees. If we do, we’ll give you seven (7) days notice by email and/or posting in the app or on the website.
Our Services include the capture, uploading and downloading of large amounts of data. You can opt to have the majority of that data, such as the video files, uploaded on wifi only. In that case, there are still small files that upload over the cell network if available. Also, it is possible that even if you select the wifi upload option, that large files could still upload or download over the cell network. We’ll try to make sure that doesn’t happen, but we can’t guarantee it.
Unless the subscription to the Services you’ve paid for explicitly states otherwise, you are responsible for any mobile charges that you may incur for using the Services, including text-messaging, data, and roaming charges. If you’re unsure what those charges may be, you should ask your mobile service provider before using the Services.
Changes to the Terms
We reserve the right to change or replace parts of these Terms. You should check back from time to time to see if anything has changed, and we’ll be sure to let you know by email, in app notice and/or some other way to draw your attention to any changes. Continuing to use of the Services after we make changes means you accept those changes. At some point we will likely offer new services and/or features, and those will be subject to these Terms too.
We work tirelessly to improve our Services and are creating new ones all the time. That means we may add or remove features, products, or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand.
While we hope you use Coastline for life, you can terminate these Terms at any time and for any reason by requesting that we delete your account.
Disclaimer of Warranties
The Services are provided “as is”. You acknowledge that the Services are currently offered in an experimental, beta format. There may be errors, bugs, inaccuracies, or other problems, and may not be fully functional.
We and our suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Coastline nor its suppliers and licensors, makes any warranty that the Services will work perfectly or that access thereto will be continuous or uninterrupted. You understand that you use the Services at your own discretion and risk.
Limitation of Liability
In no event will Coastline, or its suppliers or licensors, be liable with respect to any subject matter of these Terms under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Coastline under these Terms during the twelve (12) month period prior to the cause of action. Coastline shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You represent and warrant that (i) your use of the Services will be in strict accordance with the Coastline Privacy Notice, with these Terms and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Services will not infringe or misappropriate the intellectual property rights of any third party.
You agree to indemnify and hold harmless Coastline, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Services, including but not limited to your violation of these Terms.
Choice of Law
Except to the extent applicable law, if any, provides otherwise, these Terms and any access to or use of the Services will be governed by the laws of the California, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in California.
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under these Terms shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by one or more arbitrators appointed in accordance with such Rules. The arbitration shall take place in Monterey, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce these Terms shall be entitled to costs and attorneys’ fees.
If any part of these Terms are held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under these Terms to any party that consents to, and agrees to be bound by, its terms and conditions; Coastline may assign its rights under these Terms without condition. These Terms will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
These Terms, along with our Privacy Notice constitutes the entire agreement between Coastline and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Coastline, or by the posting by Coastline of a revised version.
Congratulations, you made it to the end! We appreciate you taking the time to read these Terms, and for using our Services. We look forward to providing the best experience we can. If you have any questions or concerns about what you’ve just read, please reach out to us at email@example.com. Thank you, from all of us here at Coastline.