Recurrent General Terms of Use
Thank you for your interest in recurrentauto.com (the “Recurrent Site”), owned and operated by Recurrent Motors, Inc. (“Recurrent,” “we,” or “us”). These Terms of Service explain the terms and conditions by which you may access and use the Recurrent Site and the services we provide in connection with the Recurrent Site (collectively, the Recurrent Site and related services are referred to as the “Service”). By accessing or using the Service, or by clicking a button or checking a box marked “I Agree” (or something similar), you certify that you have read, understood, and agree to be bound by these Terms of Service (this “Agreement” or “Terms”) and to the collection and use of your information as set forth in our Privacy Policy (www.recurrentauto.com/privacy). These Terms include all service-specific terms and conditions which appear below. Recurrent provides some services only pursuant to a separate written agreement (a “ServiceAgreement”). If you have entered into a Service Agreement with Recurrent, the terms and conditions of the Service Agreement, not these Terms, will govern Recurrent’s provision to you, and your use of, the services provided by Recurrent to you under the Service Agreement.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A CLASSACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES ALL DISPUTES TO BE RESOLVED ON AN INDIVIDUAL BASIS BEFORE A JUDGE, RATHER THAN THROUGH A JURY TRIAL OR CLASSACTION (SEE SECTION 10).
RECURRENT RESERVES THE RIGHT TO MODIFY OR DISCONTINUE ANY FEATURE OF THE SERVICE AT ANY TIME WITH OR WITHOUT NOTICE TO YOU. IF RECURRENT MODIFIES OR DISCONTINUES ANY MATERIAL FEATURE OF THE SERVICE THAT IS PROVIDED TO YOU UNDER A PAID SUBSCRIPTION, RECURRENT WILL PROVIDE YOU WITH NOTICE AT LEAST 30 DAYS PRIOR TOTHE EFFECTIVE DATE OF SUCH MODIFICATION OR DISCONTINUATION AND YOU MAY TERMINATE YOUR SUBSCRIPTION AND RECURRENT WILL REFUND TO YOU ANY SUBSCRIPTION FEES PREVIOUSLY PAID APPLICABLE TO THE PERIOD FOLLOWING TERMINATION.
1. License Grant. Recurrent grants to you a limited, personal, non-exclusive, non-transferable license to access and use the Service subject to these Terms, including without limitation the restrictions set forth in Section 2, below.
2. Restrictions. You agree not to engage in any of the following actions: (a) using robots, spiders, or data mining or extraction tools or collect or process information from the Service or engage in any web scraping, screen scraping, or other similar practices to access the Service or any information or data accessible from or through the Service; (b) using any automated system to access the Service in a manner that sends more request messages to the Recurrent servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Recurrent grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from the Recurrent Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (c) copying, distributing, or disclosing any part of the Service in any medium (d)attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (e)uploading viruses, worms, or other software agents through the Service; (f)using the Service for any commercial solicitation purposes; (g) impersonating another person or otherwise misrepresenting your affiliation with a person orentity, conducting fraud, hiding or attempting to hide your identity; (h)interfering with the proper working of the Service; or (i) by passing the measures we may use to prevent or restrict access to the Service, including without limitation measures intended to prevent or restrict use or copying of any content or enforce limitations on use of the Service.
3. Termination. Recurrent reserves the right to suspend or terminate access to and use of the Service, in whole orin part, at any time for any reason or no reason at all. If Recurrent suspends or terminates access to and/or use of a part of the Service that is provided to you under a paid subscription for any reason other than your breach of this Agreement, Recurrent will refund to you any subscription fees previously paid applicable to the period following suspension or termination.
4. Content; Ownership. As between Recurrent and you, Recurrent retains ownership of the Service and all information, data, materials and content made available on or through the Service, excluding any information, data, materials or content you submit or otherwise make available to Recurrent (“Customer Content”). You acknowledge that the Service contains or uses copyrighted material, trademarks, service marks, database rights, and other proprietary information and that except as expressly set forth in Section 1 of these Terms, nothing in these Terms or your access to or use of the Service grants to you any license or other right with respect to the Service or any trademark, patent, copyright, trade secret or other intellectual property right of Recurrent. As between Recurrent and you,you retain ownership of your Customer Content. You grant Recurrent anon-exclusive, transferable, royalty-free, irrevocable, worldwide license to reproduce, make available, perform and display, translate, modify, create derivative works from, distribute, and otherwise use any such Customer Content through any medium, and by any means, method or technology, whether now known or hereafter created, in connection with our provision of the Services; provided that Recurrent will only process Customer Content that constitutes PersonalData (as defined in the Recurrent Privacy Notice) in accordance with the Recurrent Privacy Notice and applicable law. Additionally, Recurrentmay analyze, deidentify and/or aggregate your Customer Content, including,without limitation, Customer Content that constitutes Personal Data (such as informationrelating to your vehicle and your use of the Service) for the purpose ofproviding, maintaining, and improving the Service, and otherwise forRecurrent's internal use, in accordance with the Recurrent Privacy Notice and applicable law.
5. INDEMNIFICATION. YOU AGREE TODEFEND (AT OUR REQUEST), INDEMNIFY, AND HOLD HARMLESS RECURRENT FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, LOSSES AND EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES AND COSTS) ARISING DIRECTLY OR INDIRECTLY FROM YOUR BREACH OF THIS AGREEMENT OR YOUR USE OF THE SERVICE. YOU WILL PROVIDE REASONABLE COOPERATION TO RECURRENT IN THE DEFENSE OF ANY CLAIM. RECURRENT RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, AND YOU WILL NOT IN ANY EVENT SETTLE ANY CLAIM BROUGHT AGAINST RECURRENT WITHOUT RECURRENT’S PRIOR WRITTEN CONSENT.
6. LIMITATIONS OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, RECURRENT’S ENTIRE LIABILITY FOR ANY BREACH OF THIS AGREEMENT OR OTHERWISE IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE SERVICES SHALL IN NO EVENT EXCEED THE FEES YOU HAVE PAID TO RECURRENT FOR YOUR USE OF THE SERVICE. IN NO EVENT SHALL RECURRENT HAVE ANY LIABILITY FOR ANY SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, FOR LOST REVENUE, PROFITS, OR INFORMATION, IN CONNECTION WITH THIS AGREEMENT OR YOUR ACCESS TO OR USE OF THE SERVICE.
7. WARRANTY DISCLAIMER. RECURRENT DOES NOT GUARANTEE OR ASSURE YOUR ACCESS TO THE RECURRENT SERVICE, DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY OR ACCURACY OF ANY INFORMATION, DATA, MATERIALS OR CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE, AND SHALL NOT BE LIABLE FOR ANY DELAY OR FAILURE TO MAKE AVAILABLE THE SERVICE. RECURRENT SHALL HAVE NO LIABILITY FOR ANY ERRORS, INACCURACIES OR OMISSIONS IN ANY INFORMATION, DATA, MATERIALS OR CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE. RECURRENT PROVIDES THE SERVICE TO YOU "AS IS", AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
8. Modification of Terms. Recurrent may modify, revise, supplement, or otherwise amend the Terms at anytime. The changed Terms shall be effective as of the date Recurrent posts such Terms to the Recurrent Site. Your use of the Recurrent Site after the date of posting shall constitute your acceptance of all changes.
9. Assignment. You may not assign any rights or duties under these Terms without Recurrent’s prior written consent. Recurrent may assign its rights and duties under these Terms at anytime and without notice to you.
10. Governing Law; Disputes. These Terms and any disputes between you and Recurrent in connection with these Termsand the Service shall be governed by the internal laws of the State of Washington without regard to its conflict of law provisions. You and Recurrent agree to submit any claims or disputes relating to these Terms and the Service to the personal and exclusive jurisdiction of the state or federal courts located within King County, Washington. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND RECURRENT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY ORTO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
11. Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N.Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Recurrent Site or to receive further information regarding use of the Recurrent Site.
12. General Terms
12.1. These Terms, including all other terms, conditions and policies referenced and incorporated herein, constitute the entire agreement between you and Recurrent and completely replace any prior agreements between you and Recurrent related to the Service; provided that these Terms do not alter or supersede any Service Agreement between you and Recurrent.
12.2. You agree that if Recurrent does not exercise or enforce any legal right or remedy which is contained in theTerms (or which Recurrent has the benefit of under any applicable law), this will not be deemed a waiver of any such rights or remedies, and that those rights or remedies will still be available to Recurrent.
12.3. If any provision of these Terms is deemed to be unlawful or unenforceable, that shall not affect the validity and enforceability of the remaining provisions.
12.4. The Recurrent Site is intended for visitors located within the United States. Recurrent makes no representation that the Recurrent Site is appropriate or available for use outside of theUnited States. Access to the Recurrent Site from countries or territories or by individuals where such access is illegal is prohibited.
12.5. In the event of termination ofthese Terms for any reason, you agree that the following provisions willsurvive termination: Sections 2, 3, 4, 5, 6, 7, 10, 11 and 12.
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SERVICE SPECIFIC TERMS AND CONDITIONS
Recurrent Connect Service Terms
Recurrent is developing machine learningalgorithms to predict future battery life and range across all EV models. Users of Recurrent Connect, our subscription service for EV Owners, share anonymous access to their vehicle data over time, so Recurrent can observe battery state and range estimates in a variety of weather conditions and driving situations.
Individual consumers may participate in Recurrent Connect. If you elect to subscribe to the Recurrent Connect service, these Recurrent Connect Service Terms govern Recurrent’s provision to you and your use of Recurrent Connect. If a provision of these Recurrent Connect Service Terms conflicts with a provision of the Recurrent General Terms of Use, the provision of these Recurrent Connect Service Terms shall govern and control.
1. Eligibility to Participate. A list of supported EV models can be found on the Eligibility Page. To participate in Recurrent Connect,you will need an active connected services account with the vehicle manufacturer (such as Kia Connect, MyCadillac Tesla App, etc.). We will confirm your car’s eligibility as part of the Recurrent Connect signup process. The Recurrent Connect service is only offered and available to (a) persons (i) 18years of age or older, or (ii) age 13 to 17 who have obtained the consent of their parents or lawful guardian, and (b) have the power to enter into a binding contract with Recurrent and not be barred from doing so under any applicable law.
2. Enrollment Process.
2.1. Smartcar is a third-party dataservice that enables Recurrent to obtain data about your EV for RecurrentConnect. As part of the signup process for Recurrent Connect, you will be required to agree to Smartcar’s terms and privacy policy and provide Smartcar with the login credentials you use to access your car’s connected services account. We recommend that you review Smartcar’s terms and privacy policy. Recurrent does not endorse, guarantee or make any warranty regarding the products or services provided by Smartcar or any other third-party products or services, and Recurrent does not assume any responsibility or liability for any third-party services, including the Smartcar service.
2.2. You will be required to authenticateyour car by selecting your car’s manufacturer and logging in with your car’sconnected services account. Once you authenticate your car, you will bepresented with a list of data about your vehicle that Recurrent will be allowedto access, which may include: VIN, current odometer, current state of charge, current charging status, and current range estimate. After you agree to allow Recurrent access to the specified data and click the “Connect Your Car” button, you will receive a confirmation email from Recurrent. Thereafter, Recurrent will make data requests to build an ongoing data profile for your vehicle. Data about your vehicle that qualifies as Personal Data will be processed inaccordance with our Privacy Notice (www.recurrentauto.com/privacy).
3. Recurrent Connect Interface.
3.1. During period of your Subscription (defined below) to Recurrent Connect, Recurrent will periodically update asecure user interface with data and analysis for your vehicle. Recurrent will also notify you from time to time with alerts and updates pertaining to your vehicle’s data.
3.2. Insights provided via Recurrent Connect are created using the aggregated data that Recurrent obtains from all Recurrent Connect participants, as well as publicly available data about EV’s provided by third parties. Recurrent Connect provides information on your vehicle’s performance and current state. However, because the information madeavailable to you through Recurrent Connect is based in part on third-party sources, RECURRENT MAKES NO WARRANTIES ABOUT THE INFORMATION CONTAINED IN THEREPORTS, WHICH MAY CONTAIN ERRORS AND OMISSIONS. THEREFORE, YOU SHOULD NOT RELYON THE INFORMATION IN THE REPORTS FOR ANY PURPOSE, INCLUDING WITHOUT LIMITATION, NAVIGATION OR TRIP PLANNING. YOU ARE SOLELY RESPONSIBLE FOR YOURUSE OF THE REPORTS.
3.3. Access to Recurrent Connect is provided solely for your personal use and may not be used for any commercialpurpose. Without limiting the foregoing, you agree not to: modify, copy, publish, retransmit, sell, compile, or transfer any information provided through Recurrent Connect; (ii) create any derivative works from RecurrentConnect or the information provided through Recurrent Connect; (iii) remove, obscure or modify any trademark, copyright, or any other notice set forth within information provided through Recurrent Connect.
4. Privacy; Security. As part ofthe Recurrent Connect signup process, we ask for your home zip code to determine the typical temperatures your vehicle is exposed to, as that is important information for battery and range analysis. But we do not track where you’re driving or your driving speed, just the battery’s state and your overall mileage. Recurrent does not store your login credentials. Recurrent receives aunique authorization token from Smartcar via an industry-standard protocol known as OAuth 2.0. That token is only able to access data that was explicitly authorized by you (the owner) during the connection process. Your credentials and authorization token are transmitted using end-to-end 256-bit encryption. For the complete terms governing Recurrent’s collection, use, processing and disclosure of your Personal Data, please review the Recurrent Privacy Notice.
5. Termination. You can stop yourparticipation in Recurrent Connect at any time and revoke our authorization to continue collecting data about your EV any time by selecting Remove on your Account Settings page. If you choose to stop participating in Recurrent Connect, or we discontinue the service, we will stop collecting data on your car and stop sending you notifications about your vehicle.
6. Subscriptions.
6.1. Subscription Plans. Recurrent offers various one-time purchase and subscription plans for the Recurrent Connect service (each subscription of any such plan, a “Subscription”). The Recurrent Connect service offerings and available Subscription plans, including applicable fees for one-time purchases and Subscriptions, are described on our website at the time of sign-up.
6.2. Automatic Renewal of Subscriptions. When you purchase a monthly or annual Subscription, you expressly acknowledge and agree that (a) Recurrent (or our third party payment processor(s)) is authorized to charge you on a monthly or annual (asapplicable) basis for the price of your chosen Subscription (in addition to anyapplicable taxes and other charges set forth during the purchase process) for as long as your Subscription continues, and (b) your Subscription is continuous and will automatically renew on a monthly or annual (as applicable) basis until you cancel it or Recurrent suspends or terminates the Subscription. The monthly or annual recurring charges for your Subscription will be disclosed to you during the Subscription sign up process. The amount you are charged may vary depending on the preferences you select, and we may adjust such recurring charges from time to time in accordance with this Agreement.
6.3. Trials. Recurrent may offer Subscriptions with a free or reduced-fee trial period (a “Trial Period”). When you purchase a Subscription with a Trial Period,you expressly acknowledge and agree that, following the end of the Trial Period, Recurrent (or our third party payment processor(s)) is authorized tocharge you on a monthly or annual (as applicable) basis for the full (non-discounted) Subscription price of your chosen Subscription (in addition toany applicable taxes and other charges set forth during the purchase process) for as long as your Subscription continues. The Trial Period duration and Trial Period charges for your Subscription will be disclosed to you during the Subscription sign up process.
6.4. Cancellation of Your Subscription. You may cancel a Subscription for a vehicle at anytime prior to the next date of billing by on the Account Settings page. The cancellation request will be processed for the next scheduled bill date. You remain responsible for all charges (including any applicable taxes and other charges) incurred with respect to any order processed prior to the cancellation of your Subscription.
7. Prices; Taxes; Payments.
7.1. Prices; Taxes. All prices shown via the Service are in U.S. dollars. Any applicable taxes and other charges, if any, are additional. We reserve the right to change our Subscription offerings, and to adjust prices as we may determine in our sole discretion, at any time and with or without notice; provided, however, that if we change the amounts or other charges associated with your then-current Subscription(s), we will provide advance notice of such changes. We will not, however, be able to notify you of changes in any applicable taxes prior to such changes becoming effective. We will collect applicable sales or taxes on Subscriptionsfor which we determine we have a duty to collect such taxes. If an item issubject to sales or other taxes, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates.
7.2. Payments. By providing a credit card, debit card, or other payment method that Recurrent accepts, you represent and warrant that you are authorized to use the designated payment method and that you authorize Recurrent (or our third party paymentprocessor(s)) to charge your payment method for all charges you incur for the purchase of any Subscriptions (including any applicable taxes and other charges) (each such purchase, an “Order”). You are responsible for, and agree to pay, all such charges. If Recurrent or our third party payment processor(s)cannot obtain authorization for charges to your payment method or if any amounts you authorize Recurrent to charge to your payment method are reversed or charged back for any reason, we may, at our option, in addition to any otherr emedies: (a) cancel or suspend any undelivered portion of your Orders, (b) make second and/or subsequent attempts to charge your payment method,(c) and/or use any other lawful means to collect payment on any outstanding amounts due to Recurrent. You will remain responsible to pay all applicable charges for all Orders. You agree to provide and keep current a valid payment method. However, your failure to do so shall not constitute cancellation of any Order. In the event you wantt o change or update payment information associated with your account, you can do so at any time on the Account Settings page.
