These terms and conditions create a contract between you and Sierra Software Solutions and Consulting (SSS&C) (the “Agreement”). Please read the Agreement carefully.
A. INTRODUCTION TO OUR SERVICES
This Agreement governs your use of SSS&C services (“Services”), through which you can buy, get, license, rent or subscribe to apps (“Apps”), and other in-app services (“Content”). Our Services are: Multi-Trip planning services for the EV Trip Optimizer apps. Our Services are available for your use in your country of residence (“Home Country”). To use our Services, you need compatible hardware, software (latest version recommended and sometimes required) and Internet access (fees may apply). Our Services’ performance may be affected by these factors.
B. USING OUR SERVICES
PAYMENTS, TAXES, AND REFUNDS
You can acquire Content on our Services for free or for a charge, either of which is referred to as a “Transaction.” Each Transaction is an electronic contract between you and SSS&C. SSS&C, through the appropriate provider, will charge your payment method (such as your credit card, debit card, gift card/code, or other method available in your Home Country) for any paid Transactions, including any applicable taxes. The transaction will unlock a capability on any device linked to your account. No content is actually provided by the transaction and your access will be immediate once payment is confirmed.
The Services and certain Apps may allow you to purchase access to Content or services on a subscription basis (“Paid Subscriptions”). Paid Subscriptions automatically renew until cancelled in the Manage Subscriptions section of your account settings. We will notify you if the price of a Paid Subscription increases and, if required, seek your consent to continue. You will be charged no more than 24 hours prior to the start of the latest Paid Subscription period.
Certain Paid Subscriptions may offer a free trial prior to charging your payment method. If you decide to unsubscribe from a Paid subscription before we start charging your payment method, cancel the subscription before the free trial ends.
C. ADDITIONAL TERMS
Apps may offer content, services or functionality for use within such Apps (“In-App Purchases”). You must authenticate your account before making In-App Purchases – separate from any authentication to obtain other Content – by entering your password or other means based on the providers requirements.
D. MISCELLANEOUS TERMS APPLICABLE TO ALL SERVICES
SSS&C reserves the right at any time to modify this Agreement and to add new or additional terms or conditions on your use of the Services. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Services will be deemed acceptance thereof.
TERMINATION AND SUSPENSION OF SERVICES
If you fail, or SSS&C suspects that you have failed, to comply with any of the provisions of this Agreement, SSS&C may, without notice to you: (i) terminate this Agreement, and you will remain liable for all amounts due under your device provider ID up to and including the date of termination; and/or (ii) terminate your license to the software; and/or (iii) preclude your access to the Services.
SSS&C further reserves the right to modify, suspend, or discontinue the Services (or any part or Content thereof) at any time with or without notice to you, and SSS&C will not be liable to you or to any third party should it exercise such rights.
DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION
SSS&C DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME SSS&C MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME, CANCEL THE SERVICES AT ANY TIME, OR OTHERWISE LIMIT OR DISABLE YOUR ACCESS TO THE SERVICES WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL CONTENT DELIVERED TO YOU THROUGH THE SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY SSS&C) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND ON INFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
THE SERVICES YOU ARE SUBSCRIBING TO SHOULD BE USED FOR APPROXIMATIONS AND AIDS IN PLANNING. YOU SHOULD NOT CONSIDER THE RESULTS OF THE SERVICES TO BE ABSOLUTE OR ACCURATE. YOU SHOULD HAVE OTHER MEANS TO VALIDATE OR DISMISS THE RESULTS OF THESE SERVICES AND SHOULD NOT CONSIDER THE RESULTS TO BE A VALIDATION OF YOUR TRIPS ACCURACY, OR THE ACCURACY OF ANY OTHER MEANS YOU USE IN COMPARISON. THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH COUNTRIES, STATES OR JURISDICTIONS, SSS&C’S LIABILITY SHALL BE LIMITED TO THE EXTENT SUCH LIMITATION IS PERMITTED BY LAW.
Last Updated: March 16, 2017.