PLEASE READ CAREFULLY BEFORE DOWNLOADING THE APP OR USING THE WEBSITE.
This end-user licence agreement ('EULA') (together with the documents referred to in it) is a legal agreement between you ('you') and Cover-America Inc, DBA Smart Citti Agency, 1716 Catherine Court, Suite A1, Auburn, AL 36830 ('Licensor', 'us' or 'we') for use of the Smart Citti mobile application software, the accompanying electronic documents, the data supplied with the software, and the associated media ('Smart Citti'). We license use of Smart Citti to you on the basis of this EULA and subject to any rules or policies applied by any appstore provider ('Appstore Rules') or operator from whose site you downloaded Smart Citti ('Appstore'). We do not sell Smart Citti to you. We remain the owners of Smart Citti at all times.
- The terms of this EULA apply to Smart Citti and any of the services accessible through Smart Citti, including any updates or supplements to Smart Citti, unless they come with separate terms, in which case those terms apply. If any open-source software is included in Smart Citti, the terms of an open-source licence may override some of the terms of this EULA.
- We may change these terms at any time by notifying you of a change when you next start Smart Citti. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of Smart Citti.
- From time to time updates to Smart Citti may be issued through the Appstore. Depending on the update, you may not be able to use Smart Citti until you have downloaded the latest version and accepted any new terms.
- You will be assumed to have obtained permission from the owners of the mobile telephone or handheld devices that are controlled, but not owned, by you ('Devices') and to download a copy of Smart Citti onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of Smart Citti on or in relation to any Device, whether or not it is owned by you.
- By using Smart Citti, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals to improve our products and to provide any services to you.
- Certain features of Smart Citti may make use of location data sent from the Devices. You can turn off this functionality at any time by turning off the location services settings for Smart Citti on the Device. If you use these features, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based products and services.
- Smart Citti may contain links to other independent third-party websites ('Third-party Sites'). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgment regarding your interaction with any Third-party Sites, including, but not limited to, the purchase and use of any products or services accessible through them.
Grant and scope of licence
- You may view, use and display Smart Citti on the Devices for your personal purposes only.
Except as expressly set out in this EULA or as permitted by any local law, you agree:
- not to copy Smart Citti except where such copying is incidental to normal use of Smart Citti, or where it is necessary for the purpose of back-up or operational security;
- not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify Smart Citti;
- not to make alterations to, or modifications of, the whole or any part of Smart Citti, or permit Smart Citti or any part of it to be combined with, or become incorporated in, any other programs;
- not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of Smart Citti or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988, England) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of Smart Citti with another software program, and provided that the information obtained by you during such activities:
- is used only for the purpose of achieving inter-operability of Smart Citti with another software program;
- is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
- is not used to create any software that is substantially similar to Smart Citti.
- to include our copyright notice on all entire and partial copies you make of Smart Citti on any medium;
- not to provide or otherwise make available Smart Citti in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
- to comply with all technology control or export laws and regulations that apply to the technology used or supported by Smart Citti,
(Together, the 'Licence Restrictions')
Acceptable use restrictions
- not use Smart Citti in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including but not limited to viruses, or harmful data, into Smart Citti;
- not infringe our intellectual property rights or those of any third party in relation to your use of Smart Citti (to the extent that such use is not licensed by this EULA);
- not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of Smart Citti;
- not use Smart Citti in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
- not collect or harvest any information or data from Smart Citti or our systems or attempt to decipher any transmissions to or from our servers,
(Together the 'Acceptable Use Restrictions').
Intellectual property rights
- You acknowledge that all intellectual property rights in Smart Citti anywhere in the world belong to us or our licensors, that rights in Smart Citti are licensed (not sold) to you, and that you have no rights in, or to, Smart Citti, other than the right to use each of them in accordance with the terms of this EULA.
- You acknowledge that you have no right to have access to Smart Citti in source-code form.
- Smart Citti may allow you to post, store, share and otherwise make available certain information, text, graphics, videos, or other material, including (but not limited to) the creation of indoor 3D mapping ('Content') using Smart Citti. You hereby grant us a non-exclusive, irrevocable, perpetual, worldwide, royalty-free licence to use, store, modify, publicly perform, publicly display, copy and distribute the Content you create using Smart Citti for any purpose whatsoever (including, but not limited to, commercial purposes).
Accessing Smart Citti
- Smart Citti is made available free of charge. You acknowledge and agree that, in order to access the full functionality of Smart Citti, you may need to make one or more in-app purchases.
- We do not guarantee that Smart Citti, or any content on it, will always be available or be uninterrupted. Access to Smart Citti is permitted on a temporary basis. We will not be liable to you if for any reason, Smart Citti is unavailable at any time or for any period.
- Smart Citti offers insurance related products and services through its affiliate networks. You acknowledge and agree that, in order to access these products and services you may need to make one or more purchases through Smart Citti
Your account and password
- If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
- We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of this EULA.
- If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [firstname.lastname@example.org].
- Whenever you make use of a feature that allows you to upload Content to Smart Citti you:
- must comply with the Acceptable Use Restrictions;
- warrant that any such Content complies with the Acceptable Use Restrictions, and you will be liable to us and indemnify us for any breach of that warranty;
- warrant that you have the right to upload Content to Smart Citti and you will be liable to us and indemnify us for any breach of that warranty; and
- retain all of your ownership rights in your Content.
- We have the right to disclose your identity to any third party who is claiming that any Content uploaded by you to Smart Citti constitutes a violation of their intellectual property rights, or of their right to privacy, in accordance with the established GDPR practices.
- We have the right to remove any Content you upload to Smart Citti if, in our sole opinion, your post does not comply with the Acceptable Use Restrictions or is otherwise objectionable.
- The views expressed by other users on Smart Citti do not represent our views or values.
- You are solely responsible for securing and backing up your Content.
- While Smart Citti may provide certain tools to aid you in configuring access by others to your Content, we cannot guarantee any anonymity or confidentiality with respect to any Content, and strongly recommends that you think carefully and use good judgment about what you submit or make available through Smart Citti. You understand that all Content is the sole responsibility of the person who generated such Content. This means that you, and not us, are entirely responsible for Content that you make available through Smart Citti.
License Grant by You to Company
- You retain all of your ownership rights in original aspects of your Content. By providing Content to us you hereby grant us and our affiliates, sublicensees, partners, designees, and assignees a non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable,
- sublicensable, transferable, worldwide license, without obligation, to use, reproduce, distribute, modify, adapt, publicly display, publicly perform, and otherwise exploit your Content and derivatives thereof.
- You acknowledge that Smart Citti has not been developed to meet your individual requirements and that it is therefore your responsibility to ensure that the facilities and functions of Smart Citti meet your requirements.
- You acknowledge that Smart Citti may not be free of bugs or errors and you agree that the existence of any minor errors shall not constitute a breach of this EULA.
- Use of Smart Citti is at your own risk. Smart Citti is provided on an 'as is' basis. We do not warrant or guarantee that Smart Citti and all or part of its contents will be always available or that its use will not be interrupted.
Content Representations and Warranties.
You are solely responsible for your own Content and the consequences of posting or publishing it. In connection with your Content, you affirm, represent, and warrant that:
- (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, copyright, or other proprietary rights in and to any and all your Content to enable the use of your Content in the manner contemplated by these Terms, and to grant the rights and license set forth herein, and
- (ii) your Content, does not and will not:
- (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, or any other intellectual property or proprietary right;
- (b) slander, defame, libel, or invade the right of privacy, publicity of any other person;
- (c) ridicule, mock, disparage, intimidate, or abuse anyone
- (d) violate any applicable law or regulation, or constitute any false or misleading advertising or unfair business practice; or
- (e) require obtaining a license from or paying royalties to any third party for the exercise of any rights granted in these Terms.
- (f) advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
- (g) contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
- (h) violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors
- (i) include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap
- YOU UNDERSTAND THAT WHEN USING THE Smart Citti, YOU WILL BE EXPOSED TO USER CONTENT AND THIRD PARTY CONTENT FROM A VARIETY OF SOURCES, AND THAT COMPANY IS NOT RESPONSIBLE FOR THE ACCURACY, INTEGRITY, QUALITY, LEGALITY, USEFULNESS, SAFETY, OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO SUCH USER CONTENT OR THIRD PARTY CONTENT. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO USER CONTENT AND THIRD PARTY CONTENT THAT IS INACCURATE, OFFENSIVE, INDECENT, OR OBJECTIONABLE, AND YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST LICENSOR WITH RESPECT THERETO. LICENSOR DOES NOT ENDORSE ANY USER CONTENT OR THIRD PARTY CONTENT, OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED THEREIN. UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE IN ANY WAY FOR OR IN CONNECTION WITH ANY USER CONTENT OR THIRD PARTY CONTENT.
MONITORING USER CONTENT; REMOVAL OF CONTENT.
We do not control user Content and do not have any obligation to monitor such Content for any purpose. We may choose, at our sole discretion, to monitor, review, or otherwise access some or all user Content, but by doing so we nonetheless assume no responsibility for the user Content, no obligation to modify or remove any inappropriate user Content, or to monitor, review, or otherwise access other user Content, and we assume no responsibility for the conduct of the user submitting any user Content. You acknowledge that we may or may not pre-screen user Content, but that we and our designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any user Content that is available via Smart Citti. Without limiting the foregoing, we and our designees may, at any time and without prior notice, remove any user Content that in the sole judgment of the Licensor violates these Terms or is otherwise objectionable, or for any other reason, with or without notice and with no liability of any kind. You agree that you must evaluate, and bear all risks associated with the use of any user Content or other Content, including any reliance on the accuracy, completeness, usefulness or legality of such user Content. You should exercise your independent discretion and judgment
Limitation of liability
Nothing in this EULA shall limit or exclude our liability for death or personal injury resulting from our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to Smart Citti or any content on it, whether express or implied.
We will not be liable to any user for loss or damage, whether in contract, tort (including, without limitation, negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- misuse of, or inability to use, Smart Citti;
- your failure to ensure the information input on, or collected by, Smart Citti is complete and accurate;
- loss or corruption of data or information;
- incorrectly entered information;
- incorrect data extraction from the content you upload (you are advised to carefully review the accuracy of the data extracted from the content);
- use of or reliance on any content displayed on Smart Citti.
We will not be liable for:
- loss of profits, sales, business or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Smart Citti or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on Smart Citti. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE ONE (1) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $1.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
We may terminate this EULA immediately by written notice to you:
- If you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so;
- If you breach any of the Licence Restrictions or the Acceptable Use Restrictions.
On termination for any reason:
- All rights granted to you under this EULA shall cease;
- You must immediately cease all activities authorised by this EULA, including your use of Smart Citti;
- You must immediately delete or remove Smart Citti from all Devices, and immediately destroy all copies of Smart Citti then in your possession, custody or control and certify to us that you have done so.
You may terminate this EULA by discontinuing use of Smart Citti. A 30 day non usage may result in erasure of your personal data on our systems in accordance with GDPR implementation.
Communication between us
If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail to [email@example.com].
If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your request for Smart Citti. You should address any complaints to [firstname.lastname@example.org].
Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a result of referring to it, is considered as the part of this clause. The number of arbitrators shall be 3. The seat, or legal place, of arbitration shall be the Licensor’s Main Office. The language of the proceedings shall be American English. The governing law of the contract shall be the substantive law of Georgia, USA.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks ('Event Outside Our Control').
If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:
- our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
- we will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.
Other important terms
- We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.
- You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
- If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- If you are a consumer based in the European Union, you have a legal right to cancel a contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below. The deadline for cancelling the contract is 14 days following the date on which the contract between us is formed. You acknowledge that this agreement is a contract for the provision of online digital content and that, under the Consumer Contract (Information, Cancellation and Additional Charges) Regulations 2013, you will lose your statutory cancellation right if you begin to download Smart Citti before the end of the cancellation period.
- Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
- We comply to the European Union’s regulation for personal data protection known as GDPR 2017.
Insurance products and services
- Smart Citti offers insurance products and services via a network of Insurance Providers.
- Smart Citti allows users to obtain quotes and (electronically) hands over to third party Insurance providers who may request additional information to provide insurance cover. The terms of any insurance policy or claim are governed by your applicable insurance policy.