These General Terms and Conditions of use govern the registration, use and access to the Caremiles Inc. mobile application (hereinafter the “caremiles app”) offered by Caremiles Inc., with mailing address: 548 Market St, PMB 46604, San Francisco, California 94104 (hereinafter “caremiles”).
Please read these General Terms and Conditions carefully before registering or using the caremiles app and keep them for your records. By fully installing, registering, using and/or accessing the caremiles App, you confirm to be legally bound by these General Terms and Conditions. You will be required to read and accept these General Terms and Conditions prior to the first use of the caremiles app. If you do not accept these General Terms and Conditions, please refrain from installing, registering, using and/or accessing the caremiles app.
The capitalised terms in these General Terms and Conditions shall have the following meaning
Caremiles app: the application for Android or iOS mobile devices (i.e. mobile phones, tablets or any similar device as they become available from time to time) offered by Caremiles Inc. under the brand name “caremiles” through which the user can access the Services.
Intellectual Property: all of the following legal rights, title, or interest in or arising under the laws of United States of America, any state, any other country or international treaty regime, whether or not filed, perfected, registered or recorded and whether now or hereafter existing, filed, issued or acquired, including all renewals thereof: (i) patents, patent applications and patent rights, including any such rights granted upon any reissue, reexamination, division, extension, provisional, continuation or continuation-in-part applications, and equivalent or similar rights anywhere in the world in inventions and discoveries; (ii) rights associated with works of authorship and literary property rights, including, but not limited to, copyrights, copyright applications and copyright registrations, and moral rights; (iii) rights relating to know-how or trade secrets, including but not limited to ideas, concepts, methods, techniques, inventions and other works, whether or not developed or reduced to practice, rights in industrial property, customer, vendor and prospect lists, and all associated information or databases, and other confidential or proprietary information; (iv) industrial designs, industrial models, utility models, certificates of invention and other indicia of invention ownership; (v) trademarks, service marks, logos, trade dress, Internet addresses (URLs), trade names and service names, whether or not registered, and the goodwill associated therewith; and (vi) any rights analogous to those set forth in the preceding language and any other proprietary rights relating to intangible property anywhere in the world.
Services: the current and future services and functionalities offered to you through the caremiles app.
You are free to use or not use the caremiles app and you do so entirely at your own risk.
We may notify you in relation to the caremiles app and/or these General Terms and Conditions by posting a notice at www.caremiles.app Notices become effective immediately.
The App’s functionalities may vary from time to time. Should a new service or functionality be made available as part of the Services, you will be informed thereof and you will be free to decide to make use of it or not.
These General Terms and Conditions may be amended by caremiles with two (2) weeks prior notice to you. If you do not wish to accept such amendments, you have the right to terminate the Agreement. Your continued use of the caremiles app after the amendments of these terms means that you accept all such changes. Accordingly, you are advised to consult these terms from time to time in order to view any amendments to these terms. These terms were last modified as of the date indicated above
We reserve the right to introduce charges for the Services with prior notice to you as mentioned above. These charges may change from time to time. More details on the applicable charges will at all times be available on our website.
In addition to these General Terms and Conditions (herein also referred to as “the Agreement”), you may be subject to terms and conditions that may apply to your access/use of information, products and/or services offered by third parties, even if such access/use takes place via the caremiles app. We will never be a party to any such agreement between you and any such third parties, even if such an agreement with a third party is concluded through the caremiles app, and we shall in no way have any responsibility or liability pursuant to such agreements concluded by you and any third party in this manner. Only the third party concerned is responsible for the products and/or services covered by any such agreements.
Caremiles Inc. and/or its licensors are the owner(s) or beneficiary(ies) of all Intellectual Property rights and know-how associated with the caremiles app. All copyrights, databank rights and software rights in all material contained on, in or available through the caremiles app, including all information, data, text, graphics, and all source codes, software compilations and other material is owned by Caremiles Inc. and/or its licensors.
We grant you – for the term of the Agreement – a non-transferable, non-sub-licensable, royalty-free, worldwide, non-exclusive license to use the caremiles app for your own personal purposes in accordance with these General Terms and Conditions. This license shall include any future updates made available to you from time to time, provided that you understand and accept that such updates may be subject to other pricing arrangements and additional terms and conditions in respect of which you will be notified at the time such update is made available.
Without prejudice to your rights relating to the protection of computer programs, you may not:
We reserve the sole right to correct any errors in the caremiles app, its Services or documentation.
Nothing contained in the caremiles app shall be construed as granting any license or right to make commercial use of any trademark, Intellectual Property right or copyrighted material of Caremiles and/or its licensors without their prior written permission.
You must use the caremiles app in accordance with these General Terms and Conditions.
In order to access and use the caremiles app, you may be required to have certain compatible hardware and software (which may be subject to a fee due to a third party), which is your sole responsibility. Periodic updates may also be required. Your use of the CAREMILES App may be affected by the functioning of all these elements which are not under the control of CAREMILES.
You warrant that you will provide accurate and complete information when registering for or using the caremiles app and that you will update your registration data to keep them accurate and complete.
You acknowledge and agree to use the caremiles app at your own risk, with due care and diligence and subject to compliance with all applicable regulations.
You are exclusively responsible for maintaining the security and confidentiality of your caremiles account, including your login information. You agree to notify caremiles immediately of any unauthorized use of your account or any other breach of security. To notify us, contact us at [email protected] You are responsible for all use of the CAREMILES app occurring under your CAREMILES account. You are responsible for keeping your password confidential and for notifying us if your password has been hacked or stolen. CAREMILES will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may be held liable for any losses incurred by CAREMILES or another party due to someone else using your account or password. You agree to indemnify, defend, and hold harmless CAREMILES and its customers, vendors, affiliates, employees, directors, and agents from and against any claims, losses, damages, and other harm arising in connection with the unauthorized use (including without limitation any use by a person or entity other than you, and any use not expressly permitted by these General Terms and Conditions of your login information.
You may use the caremiles app solely for lawful purposes, as intended through the provided functionality of the caremiles app. You may not use the caremiles app in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the caremiles app. You may not attempt to gain unauthorized access to the CAREMILES App, user accounts, or computer systems or networks, through hacking, password mining or any other means. Without limiting any of the foregoing, you expressly agree that you will not (and you agree not to allow or assist any third party to):
The duties and responsibilities of caremiles under this Agreement shall be limited to those expressly set forth and undertaken therein.
YOU REPRESENT THAT YOU HAVE INDEPENDENTLY INVESTIGATED THE ADVISABILITY OF USING THE CAREMILES APP AND THE POSSIBLE RISKS INVOLVED IN USING THE caremiles CAREMILES APP. YOU AGREE TO MAINTAIN YOUR OWN INSURANCE COVERING SUCH RISKS AND WILL LOOK SOLELY TO SUCH INSURANCE FOR REIMBURSEMENT OF ANY RESULTING DAMAGES.
Caremiles shall not be liable for any loss (i.e. loss, liability, cost, damages, claim, fees, charges and expenses) directly or indirectly resulting from or in any way connected with:
The inaccuracy and/or incompleteness of the information provided on/via the caremiles app and/or the use of such information;
The malfunctioning of your device or of any electronic communication network in general of any third party software or hardware;
Any reason beyond caremiles’s control, including cases of Force Majeure. For the purposes of this Agreement, Force Majeure shall be understood to mean any unforeseen event which is beyond the reasonable control of caremiles and which prevents or delays performance by caremiles (or any person acting on its behalf) of any of its obligations under this Agreement, including but not limited to: natural disasters, epidemic or pandemic, outbreak or escalation of hostilities (whether or not war has been declared), hacking or internet attack that could not be prevented with reasonable security measures, or any other unlawful act against public order or authority, unpredictable acts of the authorities, strike or other labour dispute, government restraint, power or electronic communication network disruption, suspension of payments, insolvency, receivership, administration, bankruptcy or liquidation of any third party;
Any delay, data loss or damage in the context of transmission between the caremiles app and the receiver;
The negligent, illegal, unethical, fraudulent or criminal acts or omissions of caremiles service providers and/or any third party;
Hacking and/or the spread of computer viruses, bugs or any other malware, malfunctions or errors;
Any breach by you of any provision of these General Terms and Conditions and/or any abnormal or incorrect use of the caremiles app.
caremiles reserves the right at all times, for any reason, and without notice to: (i) restrict, deactivate, and/or terminate your access to the caremiles app (or any part thereof); and (ii) modify or discontinue providing the caremiles app (or any part thereof). You agree that caremiles will not be liable to you or any third party for any termination or modification to the caremiles app regardless of the reason for such termination or modification. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of the caremiles App made by us is to terminate your use of the caremiles App.
WITHOUT LIMITING THE FOREGOING AND UNLESS SPECIFICALLY PROVIDED OTHERWISE BY APPLICABLE MANDATORY LAW, UNDER NO CIRCUMSTANCES SHALL CAREMILES BE LIABLE FOR:
ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS, INCLUDING BUT NOT LIMITED TO, LOSS OF OR DAMAGE TO CLIENTELE, LOSS OF DATA, LOSS OF EARNINGS, LOSS OF PROFITS, DISRUPTION OF BUSINESS, CLAIMS FROM THIRD PARTIES (OTHER THAN AS SET OUT IN ARTICLE 4 HEREOF RELATING TO THE ALLEGED INFRINGEMENT OF THIRD PARTY RIGHTS) , REPUTATION OR EXPECTED SAVINGS EVEN IF CAREMILES WAS ADVISED OR WAS OTHERWISE AWARE OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OR LIKELIHOOD OF SUCH LOSSES AND REGARDLESS OF WHETHER THE CAUSE OF ACTION IS IN CONTRACT OR IN TORT (INCLUDING NEGLIGENCE) OR OTHERWISE;
ANY DIRECT LOSS OTHER THAN CAUSED EXCLUSIVELY BY caremiles’S OWN GROSS NEGLIGENCE OR WILFUL MISCONDUCT.
TO THE EXTENT PERMITTED BY MANDATORY LAW AND NOTWITHSTANDING ANY PROVISION CONTAINED IN THIS AGREEMENT TO THE CONTRARY, THE AGGREGATE LIABILITY OF caremiles UNDER THE AGREEMENT FOR ANY AND ALL LOSSES SUFFERED OR INCURRED BY YOU AND WHICH IS NOT SPECIFICALLY EXCLUDED HEREIN, SHALL NOT EXCEED 500 EUR IRRESPECTIBE OF THE LEGAL GROUND INVOKED INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTIES, TORT OR ANY OTHER LEGAL THEORY.
This Title applies regardless of the legal grounds or nature of the claim.
While caremiles will use reasonable efforts to ensure that all information and documentation relating to the caremiles app is correct, accuracy cannot be guaranteed and caremiles cannot assume any responsibility or liability for the accuracy, completeness or authenticity of any information.
THE CAREMILES APP AND ANY OF ITS COMPONENTS ARE PROVIDED ON AN “AS AVAILABLE” OR “AS IS” BASIS. WITHOUT PREJUDICE TO THE MANDATORY PROVISIONS OF APPLICABLE LAW, ALL FURTHER WARRANTIES EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, QUALITY OF INFORMATION OR FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION OBTAINED BY YOU FROM CAREMILES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITATION AND TO THE EXTENT PERMITTED BY MANDATORY LAW, CAREMILES DISCLAIMS ALL WARRANTIES REGARDING THE AVAILABILITY OF THE CAREMILES APP OR RELATED SOFTWARE AND ITS SERVICES EXCEPT AS EXPRESSLY STATED IN THE AGREEMENT OR REGARDING THE FACT THAT THEY WILL OPERATE ERROR-FREE AT ALL TIMES, THAT DEFECTS WHICH DO NOT MATERIALLY AFFECT THE PROVISION OF THE SERVICES WILL BE CORRECTED OR THAT THE SOFTWARE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOUR USE OF THE CAREMILES APP IS AT YOUR OWN RISK. Any content downloaded or otherwise obtained through the caremiles app is provided at your own risk, and you are solely responsible for any damage that may result from your use of the caremiles app.
CAREMILES will make all commercially reasonable efforts to ensure that the caremiles app is accessible or available 24/7, but cannot guarantee this. caremiles is entitled to make the caremiles app (temporarily) inaccessible or unavailable in order to optimise the caremiles app, for maintenance or due to a technical requirements, without this list being exhaustive.
You may be held liable to indemnify caremiles for any damages suffered by it, including without limitation reasonable attorneys' fees, following from: (i) a violation of these General Terms and Conditions by you; (ii) your misuse of the caremiles app; or (iii) a violation or infringement of copyright or other Intellectual Property or other rights of third parties within the context of the (use of the) caremiles app.
As long as this Agreement remains in force between you and caremiles, you hereby irrevocably appoint caremiles as your attorney-in-fact by granting power of attorney to caremiles to exercise all of your rights as a data subject pursuant to EU Regulation 2016/679 (i.e. the General Data Protection Regulation or GDPR) and/or any other national data protection regulation, specifically in relation to the manufacturer of your (battery) electric vehicle, its respective dealerships and/or service centres and specifically relating to your right as a data subject to data portability pursuant inter alia to article 20 of the GDPR to the extent that the GDPR applies to you. You consent to the fact that pursuant inter alia to article 20.2 of the GDPR any relevant personal data will be transmitted directly from said third parties to caremiles.
By creating your caremiles account, you request that the Services start as from that time. As a consequence, you cannot withdraw from your acquisition of the caremiles app. However, you can always cease to use the caremiles app at any time or terminate the Agreement with caremiles, thereby following the procedure described below.
The Agreement between caremiles and you regarding the caremiles App is concluded for an undefined term. You may at any time terminate this Agreement with immediate effect, without compensation and without prior notice.
Caremiles may at any time terminate the Agreement or any of the services relating to the caremiles app without compensation with one (1) month prior notice to you.
Without prejudice to its other rights available by law or under the Agreement, caremiles may, at its own discretion, either terminate this Agreement with immediate effect or suspend the performance of this Agreement, deny or restrict your access to the caremiles app at any time if you use the caremiles app in any way that is contrary to these General Terms and Conditions, including in the following cases without this list being exhaustive:
if caremiles becomes aware of facts that jeopardise the relationship of trust between you and caremiles or that harm or threaten to harm caremiles’s reputation;
in case of use of the caremiles app, for fraudulent or illegal purposes;
if you do any of the following via the caremiles app: 'spamming', 'hacking', 'phishing', 'pharming'.
Assignment – This Agreement may not be assigned or transferred by you, without the prior written consent of caremiles. caremiles may assign its rights and transfer its obligations at any time provided it ensures that your rights are still adequately safeguarded after that transfer.
Feedback – If you provide any feedback to caremiles concerning the functionality and performance of the caremiles app (including identifying potential errors and improvements), you hereby assign to caremiles all right, title, and interest in and to such feedback, and caremiles is free to use such feedback without payment or restriction.
Severability – If any provision of these General Terms and Conditions shall be held to be invalid, illegal or unenforceable, both Parties shall be relieved of all rights and obligations arising under such provision but only to the extent that such provision is invalid, illegal or unenforceable and provided that each such provision shall be modified to the extent necessary to make it valid, legal and enforceable whilst preserving the intent of the parties. All other provisions of these General Terms and Conditions shall be regarded as fully valid and enforceable unless otherwise proved.
No waiver – caremiles’s failure to enforce any provision of these General Terms and Conditions or any additional terms shall not be deemed a waiver of such provisions nor of its right to enforce such provision.
Applicable law and competent jurisdiction – these General Terms and Conditions shall be governed by and construed in accordance with laws of United States of America and any dispute arising out of or in connection with these General Terms and Conditions or the caremiles app shall be finally settled under the American law.
If you are in the United States of America, if a dispute does arise out of these General Terms and Conditions or in relation to your use of the caremiles app, then the dispute will be resolved in the federal or state courts located in Wilmington, State of Delaware, USA. Both parties consent to the exclusive jurisdiction and venue of the Wilmington, State of Delaware courts for the purpose of resolving any such dispute.
If you have any questions about our services, the caremiles app or these General Terms and Conditions, you can contact us by e-mail at [email protected] or by regular mail to: 548 Market St, PMB 46604, San Francisco, California 94104-5401 USA