My Garage Terms of Use

1. Agreement

These Terms of Use (“Terms”) are a binding agreement between you and Summit Lane Studios LLC, a Hawaii limited liability company (“Summit Lane Studios”, “we”, “us”), and govern your use of My Garage: Family Car Log (“My Garage”; the final name may change), including its mobile apps, any web or demo version and related pages (the “Service”). By checking the acknowledgment box in the app, or by downloading, installing or using the Service, you agree to these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Service. Section 15 contains a binding arbitration agreement and class-action waiver that affect your rights, and explains how to opt out within 30 days. Sections 5, 12 and 13 limit our responsibility for vehicle damage, data loss and other harm.

2. Eligibility

You must be at least 13 years old to use the Service. If you are under 18 (or the age of majority where you live), a parent or guardian must agree to these Terms on your behalf and is responsible for your use and purchases. Only a licensed adult driver who is lawfully permitted to operate or work on a vehicle should connect the app to that vehicle. If you add vehicles or information belonging to family members or others (for example as an owner or driver), you confirm you have their permission.

3. License and intellectual property

Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use My Garage on devices you own or control for your own personal, non-commercial use, including managing vehicles for your household. The Service, including its software, design, text, graphics, garage scenes, artwork, logos and names, is owned by Summit Lane Studios LLC or its licensors and is protected by intellectual property laws. All rights not expressly granted are reserved. Summit Lane Studios, My Garage and our logos are our trademarks. If you send us feedback or suggestions, we may use them freely without obligation to you.

4. Informational use only; not professional advice

My Garage is a record-keeping and informational tool only. It is not a substitute for a qualified, licensed mechanic, inspector or dealer, and nothing in the Service is professional mechanical, safety, legal, insurance or financial advice. Maintenance reminders, intervals, MPG and cost figures, trouble-code descriptions, sensor readings and any other information shown may be incomplete, out of date or inaccurate, and depend on the information you enter and on your vehicle and adapter. Always follow your vehicle manufacturer's recommendations and consult a qualified professional before making repair, maintenance or safety decisions. Reminders are a convenience: you remain solely responsible for maintaining your vehicles and for renewing registration, insurance, inspections and other documents on time, and we are not responsible for any missed or late reminder, notification or deadline.

5. OBD-II and Bluetooth: safety and assumption of risk

The optional OBD-II feature lets the app connect over Bluetooth to an OBD-II adapter that you choose and plug into your vehicle's diagnostic port. You use this feature entirely at your own risk.

• Never use the app while driving. Do not view, operate or set up the app while the vehicle is moving. Install and connect the adapter only while the vehicle is safely parked, and make sure it does not interfere with pedals, steering or any vehicle control. Obey all traffic and distracted-driving laws.
• Clearing codes does not fix faults. Clearing diagnostic trouble codes or turning off a check-engine light does not repair the underlying problem, may hide a serious fault, and resets readiness monitors, which can cause your vehicle to fail an emissions or safety inspection until they reset. Have warning lights and codes diagnosed by a qualified professional. Do not clear codes unless you understand the consequences.
• Adapters are third-party products. We do not make, sell, certify or support any OBD-II adapter. Adapters can drain your battery, malfunction, disconnect, give incorrect readings or be incompatible with your vehicle. Follow the adapter maker's instructions and unplug it when not in use if it may drain the battery.
• Warranty and legal compliance. You are responsible for making sure your use of an adapter and the app complies with your vehicle warranty, lease or financing terms, and with emissions, inspection and other laws where you live.

To the fullest extent permitted by law, Summit Lane Studios is not liable for any damage to or malfunction of your vehicle, its battery, electronics or software; voided or affected warranties; failed emissions or safety inspections, fines or penalties; adapter defects or failures; or any accident, injury or loss arising from use of the OBD-II feature, an adapter, or information shown by the app, and you release us from such claims, except to the extent caused by our gross negligence or willful misconduct or where the law does not allow it.

6. Your content and photos

You keep ownership of the photos, documents, notes and other content you add (“Your Content”). Your Content stays on your device and we do not receive it, but to the extent any license is needed for the app to store, crop, cut out, process and display Your Content on your device, you grant us a non-exclusive, royalty-free license to do so solely to provide the Service to you. You are solely responsible for Your Content and confirm that you own it or have all rights and permissions needed to use it, and that it does not infringe anyone's copyright, trademark, privacy or publicity rights. Do not add photos of other people, license plates or documents belonging to others without their permission. Insurance cards, registrations and other documents you store are your responsibility to keep secure, and the app is not an official or legally valid substitute for originals you may be required to carry.

7. Data on your device, backups and data loss

My Garage stores your data only on your device (and in your own iCloud or Google device backup if you have turned that on). We do not hold a copy and cannot view, restore or recover your data. You are solely responsible for backing up your data. Data may be lost if you delete or reinstall the app, clear its storage, lose, reset or replace your device, change backup settings, or because of an update, bug or device failure. To the fullest extent permitted by law, we are not liable for any loss, corruption or unavailability of your data or for any consequences of it.

8. Acceptable use

You agree not to: use the Service unlawfully or to violate anyone's rights; use it while driving; use it to tamper with, disable or defeat emissions controls, odometers, safety systems or other vehicle equipment, or to misrepresent a vehicle's condition, mileage or history to anyone (for example a buyer, insurer or inspector); reverse engineer, decompile, modify or copy the Service except as the law expressly allows; circumvent licensing, payment, code-redemption or access controls; or use the Service to build a competing product.

9. My Garage Pro, subscriptions and auto-renewal

Core record-keeping features are free. Optional My Garage Pro features may be offered as auto-renewing subscriptions or other in-app purchases at the prices shown in the app before purchase; local prices and taxes may vary.

• Store terms govern. Purchases are made through and billed by the Apple App Store or Google Play, and are governed by their terms, which control payment, renewal, cancellation and refunds.
• Auto-renewal: payment is charged to your Apple or Google account at confirmation of purchase. Subscriptions renew automatically at the then-current price and period unless cancelled at least 24 hours before the end of the current period, and your account is charged for renewal within 24 hours before the period ends. We will give advance notice of any price change as the store and the law require.
• Manage or cancel at any time in your App Store account (Settings → your name → Subscriptions) or Google Play (Play Store → Profile → Payments & subscriptions). Cancelling stops future renewals; access continues until the end of the paid period. Deleting the app does not cancel a subscription.
• Refunds are handled only by Apple or Google under their policies; we cannot issue refunds for store purchases. Request one at reportaproblem.apple.com or through Google Play. Except where required by law, payments are non-refundable.
• Features may change. We may add, change or remove Pro features, but we will not materially reduce the features of a subscription period you have already paid for without the remedy the store or the law provides.
• Minors need a parent or guardian's permission to purchase.

10. Promo, Friends & Family and Tester codes

We may offer promotional, Friends & Family, Tester or other redeem codes (“Codes”) at our discretion. Codes: have no cash value and cannot be exchanged for cash, credit or refunds; are personal and may not be sold, transferred, shared or published; may be limited to one per person or device and expire on the date stated or, if none, when we end the program; and are void where prohibited. We may suspend, revoke or end any Code, and the access it provides, at any time, including where it was obtained or used improperly, shared, or issued in error, or when a test or promotion ends. Tester access is provided for evaluation, may include unfinished or unstable features, and is provided as-is. Codes redeemed through Apple or Google are also subject to their terms. When a Code ends, you may need to subscribe to keep using Pro features.

11. Third-party services, trademarks and app stores

The Service works with third-party products and services (such as app stores, device operating systems, backups and OBD-II adapters) whose own terms apply, and we are not responsible for them. Trademarks: vehicle makes, models, logos and other third-party names and marks that appear in the Service, in sample images or in Your Content belong to their respective owners. Their appearance does not mean that those owners sponsor, endorse or are affiliated with My Garage or Summit Lane Studios. Apple: if you downloaded the app from the Apple App Store, these Terms are between you and us, not Apple; Apple has no obligation to provide maintenance or support; to the maximum extent permitted by law Apple has no warranty obligation other than to refund the purchase price if the app fails to conform to any applicable warranty; we, not Apple, are responsible for addressing product claims, intellectual property claims and legal or regulatory compliance claims; you confirm you are not in a country subject to a U.S. embargo or on a U.S. prohibited-party list; and Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. Your use must also comply with Apple's Standard EULA and Google Play's terms, as applicable; if these Terms conflict with them on a matter they govern, the store terms control.

12. Disclaimer of warranties

THE SERVICE, INCLUDING THE OBD-II FEATURE AND ALL INFORMATION, READINGS, CODE DESCRIPTIONS AND REMINDERS IT PROVIDES, IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, QUIET ENJOYMENT AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT IT WILL WORK WITH YOUR VEHICLE, DEVICE OR ADAPTER, THAT ANY INFORMATION WILL BE ACCURATE OR COMPLETE, OR THAT DATA WILL NOT BE LOST. Some jurisdictions do not allow some of these exclusions, so they may not apply to you.

13. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, SUMMIT LANE STUDIOS LLC AND ITS MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AGENTS AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL OR USE, REPAIR OR TOWING COSTS, VEHICLE DAMAGE, OR FINES OR PENALTIES, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THEIR POSSIBILITY. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (B) US$50. These limits apply to every theory of liability (contract, tort including negligence, strict liability or otherwise) and even if a remedy fails of its essential purpose; they are an essential basis of the bargain, without which we would not offer the Service. They do not limit liability that cannot be limited by law, such as for death or personal injury caused by our gross negligence or willful misconduct, or for fraud. If you are a consumer in the EEA or UK, nothing in these Terms limits your statutory rights.

14. Indemnity

To the extent permitted by law, you agree to defend, indemnify and hold harmless Summit Lane Studios LLC and its members, managers, employees, contractors and agents from any claims, losses, liabilities, damages, fines and costs (including reasonable attorneys' fees) arising from your use or misuse of the Service or the OBD-II feature, your vehicle or adapter, Your Content, use of the app while driving, or your breach of these Terms or of any law or third-party right. We may assume control of the defense of any matter at our expense, and you will cooperate with us.

15. Dispute resolution, binding arbitration and class-action waiver

Please read this section carefully. Informal resolution first: before filing a claim, you and we agree to try to resolve the dispute informally for at least 30 days, starting when one side sends the other a written notice describing the dispute and the relief sought (to us at [email protected] and our postal address below).

Arbitration: if the dispute is not resolved, you and we agree that any dispute, claim or controversy arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, and governed by the Federal Arbitration Act. The arbitrator decides all issues, including the scope and enforceability of this agreement, except that a court decides the enforceability of the class-action waiver. Arbitration may take place by video, by phone, on written submissions, or in person in Honolulu, Hawaii, or in the county where you live. We will pay AAA filing, administration and arbitrator fees above the amount you would pay to file in court, unless the arbitrator finds your claim frivolous.

Exceptions: either side may bring an individual claim in small claims court, and either side may seek injunctive relief in court for infringement or misuse of intellectual property.

Class-action waiver: YOU AND WE AGREE TO BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. The arbitrator may award relief only in favor of the individual party seeking it. YOU AND WE WAIVE ANY RIGHT TO A JURY TRIAL. If the class-action waiver is found unenforceable for a claim, that claim must be decided in court after any individual arbitration, and the rest of this section still applies.

30-day opt-out: you may opt out of this arbitration agreement by emailing [email protected], with the subject “Arbitration opt-out” and your name and the email address you use with us, within 30 days after you first accept these Terms. Opting out does not affect the rest of these Terms.

Time limit: to the extent permitted by law, any claim must be brought within one year after it arises, or it is permanently barred.

EEA/UK consumers: this section does not apply to you, and you may bring proceedings in the courts where you live.

16. Governing law and venue

These Terms are governed by the laws of the State of Hawaii, USA, without regard to conflict-of-law rules, and by the Federal Arbitration Act for the arbitration agreement. Subject to Section 15, any court proceeding will be brought exclusively in the state or federal courts located in Honolulu, Hawaii, and you and we consent to their jurisdiction. This does not deprive consumers of protections under the mandatory laws of the country where they live.

17. Termination

You may stop using the Service at any time by deleting the app (this does not cancel a store subscription). We may suspend or end your access, or revoke any Code, if you breach these Terms, if required by law, or if we discontinue the Service; if we discontinue the Service entirely, we will give reasonable advance notice where practical so you can save your records. Sections that by their nature should survive (including Sections 5, 6, 7 and 11 through 19) survive termination.

18. Changes to these Terms

We may update these Terms. We will post the new version on this page with a new “Last updated” date and, for material changes, notify you in the app before they take effect and ask you to accept them again. Continued use after changes take effect means you accept them; if you do not agree, stop using the Service. Changes will not apply retroactively, and changes to the arbitration section will not apply to disputes already notified to us.

19. General

Severability: if any part of these Terms is found unenforceable, it will be modified to the minimum extent necessary and enforced to the maximum extent possible, and the rest stays in effect. Entire agreement: these Terms and the Privacy Policy are the entire agreement between you and us about the Service and replace any earlier agreements. No waiver: failing to enforce a provision is not a waiver. Assignment: you may not assign these Terms; we may assign them in connection with a merger, acquisition or sale of assets. Force majeure: we are not liable for delays or failures caused by events beyond our reasonable control. Notices: we may give notices in the app or on this page; you may give notices to the contact details below. Export: you agree to comply with U.S. export and sanctions laws. Headings are for convenience only, and “including” means “including without limitation”.

20. Contact

Publisher of My Garage: