Cerebrum Sensor Technologies, Inc. (“Cerebrum,” “We,” “Our,” or “Us”) is a corporation formed under the laws of Delaware. Our address is 8105 Orion Avenue, Van Nuys, California 91406. The Terms are a legally binding contract between Us and You (“You” or “Your”). If you are under 18 years old, We ask that You do not proceed to download the App as We cannot offer it to you.
You are agreeing to the Terms by clicking on the “Agree and Accept” button and downloading the App. These Terms apply to the version of the App that You download and any updates to the App We provide. We may revise and update these Terms from time to time at Our sole discretion. All changes are effective immediately when posted and apply to all access and use of the App thereafter. Your continued use of the App following the posting of revised Terms constitutes Your acceptance and agreement to the changes.
The Terms are effective as of the date You first click or check such “Agree and Accept” button or access and/or use the App (the “Effective Date”). By clicking “Agree and Accept” or otherwise accessing the App, you acknowledge that you have read and accept the terms and conditions of these Terms in its entirety. IF YOU DO NOT AGREE TO THE TERMS, CEREBRUM WILL NOT AND DOES NOT GRANT YOU THE RIGHT TO ACCESS OR USE THE APP, AND YOU ARE EXPRESSLY PROHIBITED FROM DOING SO.
- FEATURES AND FUNCTIONS.
The App allows You to monitor certain information regarding a vehicle’s tires, including but not limited to, tire pressure, tire tread depth levels, tire temperature, tire life expectancy, fuel efficiency, alignment, driving habits, vehicle location, and vehicle specific information such as a VIN number. The App enables You and other users to track vehicle data between various devices such as tablets, smart phones, vehicles and computers.
In addition to the App, there is also a Bluetooth enabled device or similarly compatible device that connects to the vehicle (“Device”). Your consent to these terms and conditions for the App governs Your use of that device as well. Further, although in certain circumstances we may refer to the App and Device separately, any use and language in these terms and conditions that refers to the App includes the Device and vice versa.
We reserve the right to withdraw, update, amend or suspend the App and any service or material provided in the App at Our sole discretion without notice. We will not be liable for any reason in the event that all or any part of the App is unavailable at any time or for any period.
3.1 License to You. We are granting You a limited, non-exclusive, non-sub-licensable and non-transferable limited license to install, use, and run one copy of the App per download that you have lawfully obtained. This license specifically excludes the right to make copies of the App, distribute the App to others, or make any derivative works of the App. All ownership of the App remains with Us.
3.2 License to Us. All of the information that You input into the App (“Your Content”) remains Your property and is owned by You. However, by using the App You are giving Us a license to use, copy, modify, and create derivative works of Your Content. This allows Us to use Your Content in advertising and to study the use of the App and improve the App as We see fit. For avoidance of doubt, this license includes the right for Us to share Your Content with third parties such as law enforcement.
3.3 Restrictions. The rights granted to You are listed above and no other rights or uses of the App are allowed. You may not reverse engineer, decompile, disassemble, decrypt, modify, or attempt to create derivative works of the App and You expressly acknowledge that portions of the App are trade secrets that We own. Your use of the App must only be to use the App for its intended purpose of vehicle data collection and use and You may not use the App in any manner that would result in You competing with Us directly or assisting any third party in competing with Us.
3.4 Automatic Updates. You expressly acknowledge that We may automatically download and install automatic updates of the App on Your mobile phone or other peripheral device and Your license to use the App is contingent upon Your agreement to receive such updates.
- REGISTRATION AND CANCELLATION.
5.1 Registration. In order to use the App, You may be asked to register with Us by providing Your name, address, phone number, and e-mail address, in addition to vehicle information, such as the vehicle identification number. You agree that any and all information You provide at registration is correct and accurate. Further, if You elect to purchase anything from Us, We will ask for credit card or other payment information (such as PayPal®) and You agree that any payment information You provide to Us is accurate.
5.2 Cancellation. We reserve the right to terminate Your access to the App at any time for any reason in Our sole discretion. Should We exercise this right, Your license to the App terminates and You agree to delete the App from Your computers, tablets, phones and any other peripheral, mobile or handheld devices immediately. Should we avail ourselves of this right, You will not have a right to any refund of fees paid to Us. All licenses granted to Us by You specifically survive termination of this Agreement and Your use of the App.
- DATA COLLECTION.
- CONTENT AND CONDUCT RULES AND OBLIGATIONS.
You understand that You are solely responsible for Your Content and You agree that You will not:
(a) disguise the origin of any content transmitted through the App;
(b) interfere with or disrupt the App or servers or networks connected to the App, or disobey any requirements, procedures, policies or regulations of networks connected to the App;
(c) use the App or the Device in any manner for which it is not intended; or
(o) misrepresent Your identity in any way.
We may charge certain fees for the App or certain enhanced versions of the App. All fees are charged on a download basis. Failure to timely pay these fees for any reason, including invalid credit card information, expired credit card information, or any credit card or payment system that will not accept payment will result in termination of Your use of the App without notice to You. Further, You agree that You will provide Us with updated credit card or other payment information upon Our request so that We can provide uninterrupted access to the App if fees are charged on an ongoing basis. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and You are responsible for payment of all such taxes, levies, or duties.
- INTELLECTUAL PROPERTY AND NOTICES OF INFRINGMENT.
We respect the intellectual property rights of others and We prohibit users from uploading, posting or otherwise transmitting on the App any materials that violate another party's intellectual property rights. When We receive proper Notification of Alleged Copyright Infringement as described herein, We promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act.
If You believe that any material transmitted through the App infringes upon any copyright which You own or control, You may send a written notification of such infringement to Our designated agent identified below.
If You believe that Your own copyrighted work is accessible on our App in violation of Your copyrights, You may provide Our Designated Agent with a written communication as set forth in the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512(c)(3) that contains substantially the following information (“Notification of Alleged Copyright Infringement”):
- Identify in sufficient detail the copyrighted work or intellectual property that You claim has been infringed so that We can locate the material.
- Identify the specific location on the App that contains the material that You claim infringes Your copyright described in Item 1 above.
- Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf.
- Include a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- Include a statement by You that the information contained in Your notice is accurate and that You attest under the penalty of perjury that You are the copyright owner of that material or that You are authorized to act on the copyright owner's behalf.
- Include Your name, mailing address, telephone number and email address.
You may send Your Notification of Alleged Copyright Infringement to Our designated agent (“Designated Agent”) by mail or E-Mail as set forth below:
Cerebrum Sensor Technologies, Inc.
Attn: Keith Ferry
8105 Orion Ave.
Van Nuyes, CA 91406
The App is subject to patent, copyright, and various other intellectual property rights. We also own or have the rights to use various trademarks including, but not limited to: CEREBRUMTM, and various logos. You agree to not use these trademarks, any and all related names, logos, product names, service names, design, slogans or any mark which is confusingly similar to Our trademarks or Our provided goods or services. You shall not use such marks without Our prior written consent. Further, should You use these trademarks to describe Our goods or services, provided you have received prior written consent from Us, You must use them as shown above or on the App and properly denote them as trademarks with a “TM” or ® symbol and indication that the trademarks are owned by Cerebrum Sensor Technologies, Inc.
All other names, logos, product names, service names, designs, and slogans in the App are the trademarks of their respective owners. Your use of the App, or Our consent of Your use of Our trademarks, does not grant you any right to use the marks of other owners without their consent.
- DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE APP AND DEVICE IS AT YOUR SOLE RISK. THE APP, DEVICE, INCLUDING AND/OR ANY CONTENT, DATA, INFORMATION, LINKS, SERVICES, FUNCTIONALITY OR ACCESSIBILITY, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF OWERSHIP, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WE WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE APP. HOWEVER, WE ARE NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION, OR REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE APP, OR OTHER INTERACTION WITH THE APP OR DEVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE APP. WE DO NOT WARRANT THAT (i) THE APP WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APP WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE APP WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE APP SOFTWARE WILL BE CORRECTED. UNDER NO CIRCUMSTANCES SHOULD THE APP BE USED SOLELY TO DETERMINE TIRE PRESSURE OR SAFETY. YOU ARE ENTIRELY REPSONSIBLE TO INSURE THAT YOUR TIRES ARE PROPERLY INFLATED AND THAT YOUR VEHICLE IS OPERABLE IN A SAFE MANNER. WE ARE NOT LIABLE FOR ANY MISSREADING OF TIRE PRESSURE, TEMPERATURE, TREAD HEALTH OR ANY CONDITION STATED IN THE APP.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
- LIMITATION OF LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR MOBILE PHONE, MOBILE DEVICE, VEHICLE, TIRES, COMPUTER SOFTWARE, EQUIPMENT OR OTHER PROPERTY, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH: (i) THE USE OR THE INABILITY TO USE THE APP OR DEVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE APP; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE APP; OR (v) ANY OTHER MATTER RELATING TO THE APP. FURTHER, THE MAXIMUM AMOUNT OF DAMAGES THAT CEREBRUM SENSOR TECHNOLOGIES, INC. OUR SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, MANAGERS AND MEMBERS, SHALL BE LIABLE FOR SHALL NOT EXCEED THE AMOUNT OF PAYMENTS THE USER HAS PAID TO CEREBRUM SENSOR TECHNOLOGIES, INC. IN THE PRIOR MONTH TO WHEN THE EVENT THAT LEAD TO THE CLAIM OCCURRED.
- EXCLUSIONS AND LIMITATIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 10 AND 11 MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless Cerebrum and Our affiliates, licensors, service providers, employees, agents, contractors, suppliers, managers, members, successors and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to Your violation of these Terms and Your use of the App, including, but not limited to, Your use of any of the App’s content, Our services, the Device and Our other related products, other than as expressly authorized in these Terms. Cerebrum will (i) provide You with notice of an applicable claims within a reasonable period of time after learning of the claim; and (ii) reasonably cooperate in response to the Your requests for assistance (subject to Your reimbursement of Our reasonable costs and expenses).
- Governing Law; Venue and Jurisdiction.
By visiting or using the App, You agree that the laws of the State of Delaware without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between You and Cerebrum Sensor Technologies, Inc or any of Our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), You agree not to commence or prosecute any action in connection therewith other than in the state and federal courts in Los Angeles, California and You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts in Los Angeles, California.
YOU AND CEREBRUM AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE APP IN ANY SPECIFIC TERMS APPLICABLE TO THE APP, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS SHALL BE FINAL AND BINDING ARBITRATION, except that: (a) to the extent that either You or Us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or You have otherwise violated any of the user conduct rules set forth above then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought; and (b) no disputes or claims relating to any transactions You enter into with a third party may be arbitrated.
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes (the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration shall be in Los Angeles, California. If such costs are determined to be excessive in a consumer dispute, You will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE APP, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. FURTHER, ALL ARBITRATIONS MUST BE CONDUCTED IN ACCORDANCE WITH APPLICABLE LAW AND THE ARBITRATOR SHALL FOLLOW THE LAW AND LEGAL PRECEDENT. In no event shall any claim, action or proceeding by You related in any way to the App or Device (including Your use of the App) be instituted more than one (1) year after the cause of action arose.
16.1 Notice. We can send You notices through email, regular mail (as provided by You when registering with the App) or Our internal notification mechanism. The App may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to You generally on the App. Except as otherwise expressly set forth in this Agreement, any notice, request, consent, claim, demand, waiver, or other communications from You under this Agreement have legal effect only if in writing and addressed to Us as the address set forth below (or to any other such address that We may designate from time to time):
Cerebrum Sensor Technologies, Inc.
Attn: Legal Department
8105 Orion Ave.
Van Nuys, CA 91406
16.2 Waiver. No waiver by Us of any term or condition set out in the Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. The failure of Us to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent that the remaining provisions of the Terms will continue in full force and effect.
16.4 Severability. If any provision of the Terms or incorporated document is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the App, the Device or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
16.5 Headings. The section titles in the Terms are for convenience only and have no legal or contractual effect.
16.7 Further Assurances. You covenant and agree to cooperate fully in the effectuation of the transactions contemplated hereby and to execute and deliver any and all additional documents and instruments and take such additional action as We may reasonably request to document and give effect to the transactions contemplated hereby.
16.8 Assignment. You may not assign your rights or delegate or cause to be assumed its obligations hereunder to any other person or entity without the prior written consent of Cerebrum. Any attempted assignment, delegation or assumption not in accordance with this will be null and void and of no force or effect whatsoever.
Last Revised: 12/01/2019
Information We Use, Share, and Disclose
- Information You Provide. When You download, register with, or use this App, We may ask You to provide information:
(a) by which You may be personal identified, such as name, postal address, email address, telephone number, username, password and other additional information that may identify You (“Personal Information”);
(b) that is about You but individually does not identify You, including but not limited to, vehicle preferences, tire brand preferences, average miles driven per day, and driving habits;
(c) Your vehicle information, including but not limited to, VIN numbers, driving habits, vehicle and tire performance and status, vehicle location, car brand, and tire brand.
- Automatic Data Collection. When You download and use the App, it may use technology to automatically collect:
(a) Usage Details. We may automatically collect certain details of Your access to and use of the App, including traffic data, location data, logs, and other communication data and resources that You access and use on or through the App;
(b) Device Information. We may collect information about Your mobile device and internet connection, including the device’s unique device identifier, IP address, operating system, browser type, mobile network information and the device’s phone number.
(c) Stored Information and Files. The App may also access metadata and other information associated with other files stored on Your device. This may include, for example, photographs, audio and video clips, personal contacts, and address book information.
(d) Location Information. The App collects real-time information about the location of Your vehicle and mobile device.
(e) Mobile Cookies. A cookie is a small file placed on mobile devices. It may be possible to refuse to accept mobile cookies by activating the appropriate setting on Your mobile device. However, if You select this setting You may be unable to access certain parts of the App.
(a) We generally use Your Information to present Our App and its contents to You, to provide You with information, products, services or App features that You request from Us, to fulfill any other purpose that is generally featured on Our App, to provide You with notices, to carry out the obligations and enforce Our rights arising Our of any contracts entered into between You and Us, and for any other purpose with Your consent.
(b) We may provide advertisers aggregated non-Personal Information such as the number of times one of their ads in the App was clicked.
(c) From time to time, We may sponsor a promotion, sweepstake or contest. You may be asked to provide Personal Information or to answer questions in order to participate. Unless otherwise indicated in the promotion’s rules, this information will be used strictly for the purpose of notifying and arranging delivery of promotional items to the person selected.
(d) When You store information in the App, You have the ability to post content which may include personally identifiable information about Yourself. While We will make every attempt to keep such information secure, We cannot assume liability in the event of a data breach or other unauthorized disclosure. As such, You acknowledge that any information You input into the App may be disclosed and that We are not liable for such a disclosure.
(e) We may share Personal Information, and additional non-Personal Information about You (collectively, “Your Information”), under the following circumstances:
- We may share Your Information to respond to subpoenas, court orders, or legal process, to establish or exercise Our legal rights or, defend against legal claims and if in Our judgment in such circumstances disclosure is required or appropriate including (but not limited to), instances of breach of these Terms, or intellectual property infringement claims.
- We may share Your Information if We believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of the Terms, or as otherwise required by law.
- As We continue to develop Our business, We may also buy or sell all or part of Our business. In such transactions, Your Information that You have shared with Us is generally one of the business assets that will be transferred.
- We may share Your Information with Our subsidiaries and affiliates.
- We may share Your Information with contractors, service providers, and other third parties We use to support Our business, and who are bound by contractual obligations to keep personal information confidential and use such information only for purposes for which We disclose it to them.
- For any purposes necessary to fulfill the Terms (i.e. notice, billing, etc.)
- For any purposes disclosed by Us, at the time You provide such information.
- For any purpose to which We have Your consent.
Information for Users in Europe
If You reside in the European Union, You have the “right to be forgotten.” This means that if You contact us as indicated below in these Terms, We will delete all of Your non-public information that We have upon Your request. Please contact us if You reside in the European Union and desire to enforce Your “right to be forgotten.”
Information for Users in California
If You are a California resident, California law may provide You with additional rights regarding Our use of Your personal information. To learn more about Your California privacy rights, and the California Consumer Privacy Act of 2018, visit the Office of Attorney General at https://oag.ca.gov/privacy/ccpa
In addition, California’s “shine the Light” law, under Civil Code Section § 1798.83 permits users of Our App, that are California residents, to request certain information regarding Our disclosure of personal information to third parties for any direct marketing purposes. To make such a disclosure request, please contact Us by mail, email or phone, at the contact information provided in Section 16.1 in the Terms or Use.