Terms of Use
These Terms of Use (“Terms”) govern your access to and use of the Checkmate Auto mobile application, websites, APIs, and related services (collectively, the “Services”) offered by Checkmate Auto (“we,” “us,” or “our”). By downloading, installing, accessing, or using the Services, you agree to these Terms. If you do not agree, do not use the Services.
1. Eligibility and accounts
You must be at least the age of majority in your jurisdiction to use the Services. You represent that the information you provide during registration is accurate and current. You are responsible for safeguarding your credentials and for all activity under your account. Notify us promptly of any unauthorized use.
2. License to use the Services
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Services for your personal or internal business purposes, in accordance with applicable law and any documentation we provide. You may not copy, modify, distribute, sell, lease, or reverse engineer the Services except as permitted by law.
3. Acceptable use
You agree not to:
- Use the Services in violation of any law, regulation, or third-party right.
- Attempt to gain unauthorized access to the Services, other users’ accounts, or our systems or networks.
- Use automated means (including bots or scrapers) to access the Services in a manner that burdens or disrupts them.
- Upload or transmit malware, spam, or unlawful, harassing, defamatory, or infringing content.
- Misrepresent your identity or affiliation, or use the Services to stalk, harass, or harm others.
- Circumvent technical measures, usage limits, or security features.
4. Subscriptions, fees, and third-party stores
Certain features may require a paid subscription or one-time fees. Prices, billing cycles, and renewal terms will be presented at the time of purchase. Unless required otherwise by law or stated at purchase, fees are non-refundable. If you subscribe through Apple App Store, Google Play, or another platform, that platform’s terms and payment policies also apply, including how to manage or cancel subscriptions.
5. Content, searches, and reports
The Services may allow you to run searches, view or generate reports, export or share documents, and store or process information you submit (“User Content”). You retain ownership of your User Content. You grant us a worldwide, non-exclusive license to host, process, transmit, display, and otherwise use User Content as needed to operate, secure, and improve the Services.
Information and outputs provided through the Services (including reports and search results) are for general informational purposes only. They may be incomplete, delayed, or sourced from third parties. You are solely responsible for decisions you make based on such information. The Services do not replace professional inspections, legal advice, financial advice, or other expert services where applicable.
6. Intellectual property
The Services, including software, branding, logos, text, graphics, and documentation, are owned by us or our licensors and are protected by intellectual property laws. Except for the limited license in Section 2, no rights are granted to you.
7. Third-party services
The Services may integrate with or link to third-party services (for example, analytics, messaging, maps, or payment providers). Your use of those services is subject to the third parties’ terms and privacy policies. We are not responsible for third-party services or content.
8. Privacy
Our collection and use of personal information is described in our Privacy Policy. By using the Services, you acknowledge that we may process information as described there and as needed to provide the Services.
9. Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS; IN THOSE CASES, DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
10. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (USD $100), IF YOU HAVE NOT PAID US. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; IN THOSE CASES, LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED.
11. Indemnity
You will defend, indemnify, and hold harmless Checkmate Auto and its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your User Content, your use of the Services, or your violation of these Terms or applicable law.
12. Suspension and termination
We may suspend or terminate your access to the Services at any time, with or without notice, for conduct that we believe violates these Terms, creates risk, or is otherwise harmful. You may stop using the Services at any time. Provisions that by their nature should survive (including Sections 6, 9–11, 13–15) will survive termination.
13. Changes to the Services and Terms
We may modify or discontinue features of the Services. We may update these Terms by posting a revised version in the app or on our website and updating the “Effective date.” Your continued use after the effective date of material changes constitutes acceptance of the revised Terms, except where applicable law requires a different process.
14. Governing law and disputes
These Terms are governed by the laws of the United States and the State of Delaware, without regard to conflict-of-law principles, except where mandatory consumer protection laws of your jurisdiction require otherwise. You agree that the state and federal courts located in Delaware will have exclusive jurisdiction over disputes arising from these Terms or the Services, subject to any non-waivable rights you may have under applicable law.
15. General
These Terms constitute the entire agreement between you and us regarding the Services and supersede prior agreements on the same subject. If any provision is held unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
16. Contact
For questions about these Terms, contact us at the support channel listed in the app or on our official website.