Terms and Conditions

‍

I. INTRODUCTION

These Terms of Service (“Terms”, “Terms of Service”, “Agreement”, or “Service Agreement”, “Terms and Conditions”) govern your relationship with the MyWay Route Planner Service (the “Service”, "MyWay", "App", "Software", etc.) operated by Proalab Limited. (“us”, “we”, “our”, or "Proalab"). It is important that you read this carefully because you will be legally bound to these terms.

Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, customers, and others who access or use the Service.

By downloading or using the app MyWay Route Planner, these terms will automatically apply to you – you should make sure, therefore, that you read them carefully before using the app.

By accessing or using the Service you agree to be bound by these Terms and accept all legal consequences. If you do not agree to the terms and conditions of this Agreement, in whole or in part, please do not use the Service.

II. DESCRIPTION OF SERVICE

The “Service” means secure import & reproduction of audio, video, image files, styles and components, administrative and related systems and technologies. All software (including the Software, as defined below), applications, data, text, images, and other content made available by or on behalf of Proalab. Any modifications to the Service are also subject to these Terms.

III. SUBSCRIPTIONS

Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on a regular basis, typically weekly, monthly or yearly.

At the end of each Billing Cycle, your Subscription will automatically renew under the same conditions unless you cancel it or Proalab cancels it. You can disable subscription renewal in your Store account settings on your device.

IV. FREE TRIAL

Proalab may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).

You may be required to enter your billing information in order to sign up for the Free Trial.

If you do enter your billing information when signing up for the Free Trial, you will not be charged by Proalab until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, Proalab reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

V. FEE CHARGES

Proalab, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Proalab will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

VI. REFUNDS

While all amounts paid are non-refundable, certain refund requests for Subscriptions may be considered by Proalab on a case-by-case basis and granted at the sole discretion of Proalab or when it's required by law.

If we receive a refund request for an in-app purchase, we may provide Apple, or authorized third-party services with information about the user's in-app purchase activity. This could include details such as time since app installation, total app usage time, an anonymous account identifier, whether the in-app purchase was fully consumed, whether it included a trial period, the total amount spent, and the total amount refunded, or any other information requerid for refund management purposes. By using the Service, you consent to the collection and sharing of this data for refund management purposes. If you wish to revoke this consent, you may do so by contacting us at [email protected].

VII. INTELLECTUAL PROPERTY

The Service and all contents, including but not limited to text, images, graphics or code are the property of Proalab and are protected by copyright, trademarks, database and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Service only for your own non-commercial use. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of Proalab or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.

You’re not allowed to copy or modify the service, any part of the service, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the service, and you also shouldn’t try to translate the app into other languages or make derivative versions.

VIII. LINKS TO OTHER WEB SITES

The Service may contain links to third-party web sites or services that are not owned or controlled by Proalab.

Proalab has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Proalab shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

IX. TERMINATION

You are entitled to cease using our Services at any time and for any reason without notice to us, but you will continue to be charged for Services until you disable subscription renewal in your Store account settings on your device.

Our duty is to keep our Service as safe and well maintained as possible. To this end, we may need to terminate accounts for violations of these Terms. In the following circumstances we will provide notice to you prior to termination of your account: (a) you are in breach of these Terms; or (b) you are using our Services in a way that can cause or has caused a risk of harm or loss to either Proalab or our other customers.

X. LIMITATION OF LIABILITY

Proalab, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for (A) any loss or damage, indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, or (B) for any amount in the aggregate in excess of the fees actually paid by you in the six (6) months preceding the event giving rise to your claim, resulting from (i) your access to or use of the Service; (ii) your inability to access or use the Service; (iii) any conduct or content of any third-party on or related to the Service; (iv) any content obtained from or through the Service; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

XI. DISCLAIMER AND NON-WAIVER OF RIGHTS

Proalab makes no guarantees, representations or warranties of any kind as regards our service and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk.

The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary.

Proalab not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Proalab is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason. Proalab reserves the right to modify or discontinue the Service or any feature or functionality thereof at any time without notice. If you want to continue using the service you might need to download the updates. Proalab does not promise that it will always update the app so that it is relevant to you and/or works.

When you’re using the service, it’s important to bear in mind that although we endeavor to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. Proalab accepts no liability for any loss, direct or indirect; you experience as a result of relying wholly on this functionality of the service. The service might add or remove any functionality at any time. All rights, title and interest in and to the Service will remain with and belong exclusively to Proalab.

You should be aware that there are certain things that Proalab will not take responsibility for. Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi or provided by your mobile network provider, but Proalab cannot take responsibility for the app not working at full functionality if you don’t have access to Wi-Fi and you don’t have any of your data allowance left. If you’re using the app outside of an area with Wi-Fi, you should remember that the terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app or other third-party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges, if you use the app outside of your home territory (i.e., region or country) without turning off data roaming.

If you breach any of these Terms and Proalab chooses not to immediately act, or chooses not to act at all, Proalab will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. Proalab does not waive any of its rights. Proalab shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.

You may not assign, sub-license or otherwise transfer any of your rights under these Terms.

XII. EXCLUSIONS

As set out, above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

XIII. DISPUTE RESOLUTION

These Terms of Use shall be governed by and construed in accordance with the laws of the United States of America. “Proalab” makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

XIV. CHANGES

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using this mobile app.

The Change Log section below is not a part of these Terms, nor is the Terms of Service archive or any content linked therefrom.

XV. HOW TO CONTACT US

If you have any questions about this Policy, please feel free to contact us at [email protected]

Terms and Conditions

These terms and conditions outline the rules and regulations for the use of Company Name's Website, located at Website.com.

By accessing this website we assume you accept these terms and conditions. Do not continue to use Website Name if you do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company's terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client's needs in respect of provision of the Company's stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Cookies

We employ the use of cookies. By accessing Website Name, you agreed to use cookies in agreement with the Company Name's Privacy Policy.

Most interactive websites use cookies to let us retrieve the user's details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

License

Unless otherwise stated, Company Name and/or its licensors own the intellectual property rights for all material on Website Name. All intellectual property rights are reserved. You may access this from Website Name for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

• Republish material from Website Name
• Sell, rent or sub-license material from Website Name
• Reproduce, duplicate or copy material from Website Name
• Redistribute content from Website Name

This Agreement shall begin on the date hereof.

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Company Name does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Company Name,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Company Name shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

Company Name reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:

• You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
• The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
• The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
• The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant Company Name a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

• Government agencies;
• Search engines;
• News organizations;
• Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
• System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party's site.

We may consider and approve other link requests from the following types of organizations:

• commonly-known consumer and/or business information sources;
• dot.com community sites;
• associations or other groups representing charities;
• online directory distributors;
• internet portals;
• accounting, law and consulting firms; and
• educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Company Name; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Company Name. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

• By use of our corporate name; or
• By use of the uniform resource locator being linked to; or
• By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party's site.

No use of Company Name's logo or other artwork will be allowed for linking absent a trademark license agreement.

iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

Content Liability

We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it's linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

• limit or exclude our or your liability for death or personal injury;
• limit or exclude our or your liability for fraud or fraudulent misrepresentation;
• limit any of our or your liabilities in any way that is not permitted under applicable law; or
• exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.