Terms and Conditions

Last Updated: August 9th, 2016

  1. Your Acknowledgment and Acceptance of This Agreement

These TextNinja Terms and Conditions (“Terms”) form a binding agreement between you and TextNinja Co. (“TextNinja”, “we” or “us”) that governs your use of the Device and Services (as defined below). By installing the Device, installing the app (which includes checking a box that you have read and agree to these Terms), or using the services, you acknowledge that you have read, understood and agreed to be bound by these Terms. If you do not agree to these Terms, you may not use the Device or Services. These Terms apply to your use of the Device and Services.

These Terms may be changed, modified, supplemented, or updated by TextNinja from time to time without advance notice via: (i) a prompt from an App that will allow you to read the new or modified Terms, and require you to accept the new or modified terms prior to being able to access the App, (ii) by electronic mail, or (iii) by posting a notice on the TextNinja website, which is located at http://text.ninja. You will be bound by any such changed, modified, supplemented or updated Terms if you continue to use the Device or Services after such changes are posted or otherwise identified to you. Unless otherwise indicated, any new content, products, services or functionality added to the Device or Services will also be subject to these Terms effective upon the date of their addition. You are encouraged to review these Terms periodically for updates and changes.

If you have any questions about these Terms, please email us at support@text.ninja or write to us at TextNinja Co., 222 W Merchandise Mart Plaza #1212 Chicago IL 60654, Attention: Legal.

  1. Description of the Device and Services

The “Device” means the TextNinja branded OBD-II Bluetooth device (including Bluetooth Low Energy, or BTLE) which provides the Services. The “Services” include: (a) TextNinja’s mobile application (the “TextNinja App”), including their associated media, online, electronic and printed documentation, and updates and upgrades that replace or supplement the TextNinja App (that are not distributed under different terms); (b) third party applications provided via the TextNinja app, and (c) all other services, information, data, reports, images, text, sounds, video and other content made available through (a) and (b).

IN ORDER FOR YOU TO USE THE SERVICES, (I) THE DEVICE MUST BE PROPERLY INSTALLED IN A COMPATIBLE VEHICLE, (II) THE MOBILE DEVICE ON WHICH THE SERVICES ARE INSTALLED MUST BE INSIDE OF YOUR VEHICLE, AND (III) YOUR MOBILE DEVICE MUST BE CONNECTED PROPERLY VIA BLUETOOTH.

TextNinja may modify the Services, including by adding new features or discontinuing all or a portion of the Services, at any time without notice to you.

  1. License and Restrictions

Any attempt to do any of the actions in listed above is a violation of the rights of TextNinja and its licensors. If you breach the License, you may be subject to civil and criminal liability. The terms of the License will govern any upgrades provided by TextNinja that replace or supplement the original Services, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. You shall promptly notify TextNinja if you learn of a security breach related to the Device or Services.

  1. Consent to Use of Data
  1. DRIVING SAFETY AND LIABILITY DISCLAIMERS

The Device and Services are operable even while your vehicle is in motion. It is very important that you and others ALWAYS DRIVE VIGILANTLY ACCORDING TO ROAD CONDITIONS AND IN ACCORDANCE WITH TRAFFIC LAWS, INCLUDING BUT NOT LIMITED TO LAWS REGARDING OPERATION OF MOBILE DEVICES WHILE DRIVING. The information provided by the Device and Services is not intended to replace the information provided to you on the road (for example, traffic signs, lane closures, police instructions) or through operation of your vehicle. YOU ACKNOWLEDGE AND AGREE THAT, UNDER NO CIRCUMSTANCE, WILL TEXTNINJA BE RESPONSIBLE FOR ANY ACCIDENT, DAMAGE, LIABILITY, BODILY INJURY OR DEATH THAT MIGHT OCCUR TO YOU, YOUR PROPERTY, THIRD PARTIES OR THEIR PROPERTY, EVEN IF THE DEVICE OR SERVICES MAY HAVE OR DID CONTRIBUTE TO THE CAUSE OF THE ACCIDENT, DAMAGE, LIABILITY, BODILY INJURY OR DEATH.

  1. Limited Warranty

Through your use of the Device and Services, you may be able to undertake transactions with third parties, including but not limited to insurance agents, mechanics, emergency service providers, and other vendors. You understand and acknowledge that all transactions relating to any services or products offered by a third party are solely between you and the third party vendor. TEXTNINJA MAKES NO WARRANTY REGARDING TRANSACTIONS ENTERED INTO BETWEEN YOU AND A THIRD PARTY IN CONNECTION WITH THE DEVICE OR SERVICES, AND YOU UNDERSTAND AND AGREE THAT ALL SUCH THIRD PARTY TRANSACTIONS ARE ENTIRELY AT YOUR OWN RISK. Any warranty regarding any products or services made available to you from a third party is provided – if at all – by that third party and not by TextNinja.

YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT TEXTNINJA DOES NOT WARRANT YOUR USE OF THE DEVICE AND SERVICES WILL RESULT IN ANY SAFETY, SAVINGS, OR EFFICIENCIES IN THE OPERATION OF YOUR VEHICLE. YOU ARE SOLELY RESPONSIBLE FOR THE OPERATION OF YOUR VEHICLE – INCLUDING WHILE USING THE DEVICE AND SERVICES.

Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.

  1. Limitation of Liability
  1. Indemnification

You agree to fully indemnify, defend and hold harmless TextNinja and its affiliates, and its and their subsidiaries, predecessors, successors, officers, directors, employees, agents, licensors, suppliers and clients from and against any and all claims, losses, costs (including court costs), fees (including reasonable legal fees), damages and expenses that the indemnified parties may incur as a result of, due to, or arising out of (a) your use of the Device or Services, (b) a violation by you (or anyone acting under your account) of these Terms, or (c) any claim alleging that Your Content or any communications, information or materials you submit to TextNinja through the Services, Device or by any other means violates a third party’s intellectual property rights.

  1. Dispute Resolution by Binding Arbitration
  1. Miscellaneous.