TERMS AND CONDITIONS

Last updated: 15 March 2021

 

Greeble Software, LLC (“us”, “we”, “our”, “Greeble”) operates the following websites (the “Sites”):

·  InstantDashcam.com

·  GreebleSoftware.com

and provides the following software (the “Apps”):

·  Instant Dashcam

Collectively, these are referred to as our “Services”. As a User of any such Service, You (“You”, “Your”, “Yourself”) agree to be bound by these Terms and Conditions (the “Agreement”).

Use of the Services is limited to persons 18 years of age or over. If You are under the age of 18, You are not permitted to use any part of the Services.

1. Definitions.

 

1.1 Comment: A free-form textual submission made to any area of the Services, that is accessible to Users other than Yourself. This includes device nicknames, video titles, and captions.

 

1.2 Content: The data, in whole or in part, which has been submitted or otherwise made available to a Service, which may include (among other things):

 

a. Uploaded Media;

b. Comments; or

c. Any other data which is intended for storage or display on the Service, which is submitted to the Service as a result of User actions, whether via the App, or any other method.

 

1.3 Friend: A User who has been added, as an individual, or as part of a group, to the “Friends” list of Your account. Designating a User as a “Friend” has privacy implications; Friends have access to more of Your Content than do regular Users.

 

1.4 Media: Audio, video, Precise Location Data, speed, battery, temperature, acceleration data, and/or data from other sensors, usually created via an App, a file upload, or a website-to-website transfer. A given App will generally create & share Media for a specific purpose, which is described in the app store listing for that App.

 

1.5 Precise Location Data: This is geolocation Data that can be used to determine a device’s location with high accuracy, such as that from a GPS receiver.

 

1.6 Public: Refers to data (particularly Content) which has been made available (using the controls provided by the Services), for any length of time, to an area of the Site which is designated as “Public”. Public data is understood to be generally accessible to any User. Content which is accessible only to Your Friends is not considered Public.

 

1.7 User: A person or company that uses or visits any Service.

 

2. Your Relationship with Greeble Software, LLC.

 

2.1 As a user of the Services, You acknowledge and agree that You have read and understood this agreement and willingly enter into and accept the terms contained herein.

 

2.2 Referenced Documents.

 

a. The following documents are hereby incorporated by reference:

 

i. The “Greeble Software, LLC” Privacy Policy (“Privacy Policy”), available at greeblesoftware.com/privacy.html.

 

ii. The Greeble Content Policy (“Content Policy”), available at greeblesoftware.com/contentpolicy.html.

 

iii. The Greeble Refund Policy, available at greeblesoftware.com/refundpolicy.html.

 

iv. The Google Play Terms of Service, available here.

 

b. Before You use any Service, You should read each of the above documents, in addition to this agreement.

 

2.3 Any examples in this document, or the referenced documents, are illustrative and not the sole examples of a particular concept.

 

3. Changes and Updates. Greeble may change or update these Terms and Conditions, and referenced documents, from time to time, as indicated by the date at the top of each document. In some cases, we may provide additional notice (such as adding a statement to our Sites, sending an email notification, or posting a message within the Apps). We encourage You to review the Terms and Conditions whenever You access the Services. Your continued use of the Services after Greeble posts modifications to the Terms and Conditions will constitute acknowledgment of the modifications and agreement to abide and be bound by the modified Terms and Conditions.

 

4. Privacy and Personal Information. You agree to the use of Your Data in accordance with the Privacy Policy.

 

5. Compliance with the Content Policy.

 

5.1 Use of the App. You may not use an App to produce Content that violates the Content Policy.

 

5.2 Removal. Content that does not comply with the Content Policy is subject to immediate removal or deletion.

 

5.3 Authority. We have the authority to police the site for Content that violates the Content Policy. We reserve the right to arbitrarily & capriciously remove or suppress Content, at our sole discretion, and at the time of our choosing. Determination of the compliance of each item of Content is at our sole discretion. Although we do strive to minimize non-compliant Content, we do not have an obligation to remove, within any particular timeframe, Content that may violate the Content Policy.

 

6. Not an Emergency Notification Service. While we may periodically engage in monitoring Content, this monitoring is in no way to be interpreted as an expectation that we will monitor for, or report to the authorities, any emergency or dangerous situation. If You witness or become aware of an emergency or dangerous situation, You are encouraged to take any legal and reasonable steps to notify the appropriate authorities, at Your discretion.

 

7. Permissible & Restricted Use.

 

7.1 Good Faith Usage. Each of our Services is provided and intended for a specific purpose, as set out in the app store listing for each App, and as described on each Site. You agree to make the submission of Your Content in a good faith support of these purposes.

 

7.2 Driving. You must not use any Services while operating a motor vehicle, except those features that are explicitly designed for that purpose. Such features are labelled as “Driving Mode”. You agree to follow all applicable laws, whether in the USA or another jurisdiction, when using our Services, and to avoid engaging in behavior that places Yourself or others at an increased likelihood of injury. We shall not in any way be responsible for any incident(s) due to Your use of any part of the Services.

 

7.3 Stalking. You may not use any part of the Services to stalk others.

 

7.4 Reverse Engineering. You may not attempt to reverse engineer any part of the Services.  For the avoidance of doubt, all intellectual property (notwithstanding Content) of the Services is owned by Greeble Software, LLC.

 

7.5 Disruption and Compromise. You may not attempt to disrupt others’ use of the Services or attempt to compromise data stored within the Services.

 

7.6 Metered usage. If part of a Service is provided on time- or data-metered basis, You may not use fraudulent means to attempt to exceed the intended limits.

 

7.7 Free Trial Subscription. We may, at our option, offer You a free trial subscription when You first install an App on a given device. You should not expect to receive further free trial offers if You uninstall and reinstall the App. You may not obscure or tamper with Your Device’s identification information in an attempt to gain additional free trials.

 

7.8 URL sharing. Do not disclose URLs that pertain to access-restricted resources. Some of these URLs contain authentication information; sharing them is effectively equivalent to sharing Your account credentials (Section 14). Disclosure of such information can result in unauthorized access to Your Content, or Your Friends’ Content.

 

8. Refusal of Service. We have the right to refuse or limit Your access to the Services, for any reason, or for no reason whatsoever.

 

9. No Obligation for Display or Retention. We are not obligated to publicly display any Content You submit, or to retain Your Content for any particular length of time. We may arbitrarily and capriciously determine when to remove any Content from the Services.

 

10. Infringement Acknowledgement.  You acknowledge and agree that in the event of a third party claim, of any kind and for any reason using any cause of action, that You (and not us) will be responsible for the investigation, defense, settlement, and discharge of any such claim or matter.

 

11. License. You grant us a perpetual, irrevocable, worldwide, non-exclusive license to all Public Content that You submit to the Site or our services. This license shall be sub-licensable, royalty-free, and without limit on purpose.

 

12. Attribution. You are granted a limited license to reproduce and redistribute that Content which You can rightfully retrieve from the Services, for non-commercial purposes, provided that You give attribution to the appropriate Site with a statement, adjoining the content, such as “Courtesy: InstantDashcam.com”, or “Provided by InstantDashcam.com”.

 

13. Google Play. Portions of the Services are provided via Google Play. Purchases, purchase cancellations, certain refund requests, and refund related processing actions, are handled by Google Play. In particular, refund credits and payments are handled by Google Play; not us. By using the Services, You agree to abide by the terms of the Google Play Terms of Service.

 

14. In-App Purchases. Subject to the other provisions of this Agreement, Users are entitled to the benefits of purchased subscriptions only when those subscriptions are active, and only when the User is logged in to the same Service account that originally made the purchase. It may not be possible to transfer existing purchases from one Service account to another; You should considering cancelling, via Google Play, any purchases associated with a disused Service account.

 

15. Credentials. You must keep Your account credentials secure and must not share them with anyone else. Refrain from using the same login information for multiple different online services. The use of a password manager is highly recommended, as is enabling “Two-Factor Authentication” whenever possible.

 

16. Data Usage Estimates. We may provide tools by which You can estimate Your data usage. These tools are for estimates only, and are not capable of giving exact measurements. Your internet service provider should be consulted for any official accounting.

 

17. Responsibility for Data Usage Fees. We are not, under any circumstances, responsible for data usage fees charged to You by Your internet service provider.

 

18. Continued Display of Content. We may, at our option, retain and continue to display Your Public Content after Your account has been terminated, except as provided in section 20. Note that accounts may be terminated for prolonged inactivity, as described in our Privacy Policy.

 

19. Account Termination. If we determine that You have violated any of these Terms or the incorporated agreements and policies, and we decide to terminate Your account based on that determination, Your account is considered terminated “for cause”. We may also terminate this Agreement and/or discontinue providing You with access to the Services at any time, for any reason, and without any notice to You, permanently or temporarily, including, but not limited to, if we are unable to access or use any of the third-party services required to operate the Services, or any such services are discontinued, become obsolete, or are otherwise not commercially available.

 

20. Term and Termination. This Agreement shall terminate when Your account is deleted. You may request account deletion at any time by contacting us at support@greeblesoftware.com. Deletion requests will only be honored after You have been authenticated as the owner of the account.

 

21. User Testers. If You are acting as a 3rd party “user tester” for Greeble (we have approached You to perform a test of the Services, and provided You with pre-determined “test account” login credentials for this purpose), we will delete this account, and any Media You may have uploaded, within 24 hours of the time of Your initial login. This contract shall terminate at that time.

 

22. Down Time Disclaimer. The Services may be unavailable, whether due to periodic maintenance or otherwise. Greeble shall not be liable for any downtime of the Services caused by any of the following: (i) periodic maintenance, (ii) any reason described in the section regarding Force Majeure, or (iii) Your inability to connect to or to access the Services due to problems related to Your computer/device hardware, wireless Internet network, Your Internet service provider, or any other similar problem. By using the Services, You understand and acknowledge that You have been made aware of this possibility and You assume this risk before electing to use the Services or pay any Service fees. You agree that under no circumstances shall we have any liability to You of any kind whatsoever for any Services interruptions or downtime that may affect access and use of the Services including, but not limited to, the inability to access any saved Content.

 

23. CONTENT STORAGE DISCLAIMER. WE DO NOT AND CANNOT CONTROL THE SUCCESSFUL IMPORT/TRANSMISSION, AVAILABILITY, OR STORAGE OF ANY CONTENT GENERALLY THROUGH THE SERVICES AS THIS DEPENDS IN LARGE PART ON THE PERFORMANCE OF SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES INCLUDING, BUT NOT LIMITED TO, THIRD-PARTY WEBSITE AND SOFTWARE PROVIDERS. ACTIONS OR INACTIONS CAUSED BY THESE THIRD PARTIES MAY IMPAIR OR DISRUPT YOUR INTERACTION WITH OUR SERVICES. ALTHOUGH WE WILL USE REASONABLE EFFORTS TO TAKE ACTIONS WE DEEM APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, WE DO NOT GUARANTEE THAT SUCH DISRUPTIONS OR IMPAIRMENTS RESULTING IN ANY LOST CONTENT OR OTHER DATA WILL NOT OCCUR. ACCORDINGLY, WE SHALL NOT HAVE ANY OBLIGATION TO YOU NOR SHALL IT BE LIABLE TO YOU RESULTING FROM THE FAILURE TO TRANSMIT, IMPORT, MAKE AVAILABLE AND/OR STORE ANY CONTENT FOR ANY REASON.

 

24. WARRANTY

 

24.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE OR OUR SERVICES AND RELATED CONTENT IS AT YOUR SOLE RISK AND THAT THE SITE, THE APP, AND ANY OTHER SERVICE WE MAY PROVIDE ARE PROVIDED "AS IS." NEITHER GREEBLE NOR ITS SUPPLIERS MAKES ANY OTHER WARRANTIES, CONDITIONS OR UNDERTAKINGS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. GREEBLE MAKES NO WARRANTY (i) THAT THE SITE, THE APP, OR ANY OTHER SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THAT THE SITE, THE APP, OR ANY OTHER SERVICE WILL BE ERROR-FREE OR BUG-FREE, (iii) REGARDING THE SECURITY, RELIABILITY, TIMELINESS, OR PERFORMANCE OF THE SITE, THE APP, OR ANY OTHER SERVICE, (iv) THAT ANY ERRORS IN THE SITE, THE APP, OR ANY OTHER SERVICE WILL BE CORRECTED, AND (v) REGARDING THE RESULTS OR OUTPUT OF THE SITE, THE APP, OR ANY OTHER SERVICE. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, TO THE FULL EXTENT PERMITTED BY LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE LIMITED WARRANTY PERIOD. GREEBLE MAKES NO WARRANTIES WITH RESPECT TO ANY THIRD PARTY COMPONENTS OF THE SITE, THE APP, OR ANY OTHER SERVICE.

 

NOTHING IN THIS AGREEMENT, INCLUDING SECTIONS 21 AND 22, WILL EXCLUDE OR LIMIT OUR WARRANTY OR LIABILITY FOR LOSSES THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. HOWEVER, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF LOSS OR DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU, AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

24.2 ANY USE BY YOU OF ANY CONTENT OBTAINED THROUGH THE USE OF THE SITE OR OUR SERVICES IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE, LOSS OF DATA, OR ANY OTHER DAMAGE OR INJURY THAT RESULTS FROM DOWNLOADING OR USING THE SITE, OUR SERVICES, OR ANY CONTENT. NO CONTENT, ADVICE, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OR THROUGH OR FROM THE SITE OR OUR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

 

25. LIABILITY LIMITATION

 

25.1 SUBJECT TO SECTION 23, YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE TO YOU FOR:

 

OTHER THAN AS SET FORTH BELOW, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT, COMMON LAW, OR STATUTORY DAMAGES), INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF REVENUES OR PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA, ANY COST TO PROCURE SUBSTITUTE GOODS OR SERVICES, ANY INTANGIBLE LOSS OR ANY LOSS OR DAMAGE AS A RESULT OF:

 

a. ANY CHANGES THAT WE MAY MAKE TO THE SITE OR OUR SERVICES, OR ANY PERMANENT OR TEMPORARY DISCONTINUATION OF THE SITE OR OUR SERVICES (OR ANY FEATURES WITHIN THE SITE OR OUR SERVICES);

 

b. THE DELETION OR CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SITE OR OUR SERVICES;

 

c. YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION; OR

 

d. YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.

 

25.2 YOUR USE OF THE SERVICES

 

NOTWITHSTANDING THE FOREGOING LIABILITY WAIVER GENERALLY, YOUR DAMAGES SHALL BE STRICTLY LIMITED TO THE TOTAL AMOUNT YOU HAVE PAID IN SUBSCRIPTION FEES TO US DURING THE SUBSCRIPTION TERM IN EFFECT COVERING THE PERIOD ANY CLAIM BY YOU IS ALLEGED TO HAVE ARISEN.

 

25.3 THE LIMITATIONS ON OUR LIABILITY IN SECTION 24.1 ABOVE WILL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES

 

26. Indemnification.

 

26.1 You agree to defend and indemnify us against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating in any way to any allegation or third-party legal proceeding to the extent arising from either:

 

a. Your use of the Services or the Content generally; or

b. Your Content; or

c. Any breach of any of the terms of this Agreement by You.

 

26.2 You will cooperate as fully as reasonably required in the defense of any allegation or third-party legal proceeding. We reserve the right, at our own expense, to assume the exclusive control and defense of any indemnified matter under this Section 25.

 

27. Copyright Policies; Content Removal; Termination of Repeat Offenders’ Accounts. It is our policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to suspend the accounts of offenders.

 

28. Third Party Content.

 

28.1 The Site or our Services may include hyperlinks to other websites or content or resources. We have no control over any websites or resources that are provided by companies or persons other than us. You understand and agree that we are not responsible for the availability of any such external sites or resources, and do not endorse any advertising, products, or other materials on, or available from, such websites or resources.

 

28.2 You understand and agree that we are not liable for any loss or damage that You may incur as a result of the availability of those external sites or resources, or as a result of any reliance by you on the completeness, accuracy, or existence of any advertising, products, or other materials on, or available from, such websites or resources.

 

29. General Legal Terms.

 

29.1 Notices. We may provide you with notices, including those regarding changes to the Terms and Conditions, by email, or by a notification displayed on the Sites for a period of no less than seven (7) days. A compatible browser is needed to view such notices; this includes, at a minimum, having JavaScript enabled.

 

29.2 Assignment. We may assign any part of this agreement without Your written consent.

 

29.3 No Waiver. We will not be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under this agreement. A waiver will be effective only if we expressly state in a writing signed by our authorized representative that we are waiving a specified term or condition.

 

29.4 Entire Agreement. This agreement, along with the End-User License Agreement (“EULA”) for Your Apps, sets out all terms agreed to between the parties and supersedes all other agreements between the parties relating to its subject matter.

 

29.5 Severability. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction, in whole or in part, to be invalid, illegal, or unenforceable in any respect, for any reason, the validity, legality, and enforceability of the remainder of that provision, any other remaining provisions, and of the entire Agreement shall not in any way be affected or impaired thereby and shall be interpreted, to the extent possible, to achieve the purposes as originally expressed with the provision found to be invalid, illegal or unenforceable. Each provision hereof is intended to be severable, and the validity, legality, or enforceability of any provision of this Agreement shall not affect the validity, legality, or enforceability of the remainder of the Agreement.

 

29.6 Conflicting Languages. If these Terms are translated into any other language, and there is a discrepancy between the English text and the translated text, the English text will govern.

 

29.7 Governing Law. ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY RELATED SERVICES WILL BE GOVERNED EXCLUSIVELY BY TEXAS LAW, EXCLUDING TEXAS’ CONFLICT OF LAWS RULES, AND WILL BE LITIGATED EXCLUSIVELY IN ANY FEDERAL OR STATE COURTS SITUATED IN BEXAR COUNTY, TEXAS, USA; THE PARTIES CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS.

 

29.8 Compliance with Laws. You are responsible for complying with all applicable laws, regulations and codes of practice in Your use of the Site, the App, and any other services, including and any results derived from the Site, the App, and any other services.

 

29.9 Force Majeure. We shall not be liable for any delay or failure in our performance under this Agreement due to Force Majeure, which shall mean acts of God, earthquake, labor disputes, changes in law, regulation or government policy, riots, war, fire, flood, insurrection, sabotage, embargo, epidemics, acts or omissions of our vendors or service providers, unavailability of interruption or delay in telecommunications or third party services (including website hosting or DNS propagation), failure of third party software or hardware or inability to obtain any hardware or equipment needed to host the Services or otherwise fulfill our obligations to You under this Agreement.

This document is in part a derivative of the “Google Maps API Terms of Service”, by Google, located at https://developers.google.com/maps/terms. It is licensed under the Creative Commons Attribution 3.0 license, by Greeble Software, LLC.