Terms of Use for the Tami Mobile Application

 

Thank you for using the Tami Application (the “App”), which is operated by Tami Smart City Technologies (“TSCT”). TSCT is referred to herein as “we” or “us”. By using the App, you agree to, and will abide by, the following terms and conditions:

 

1. Using This App Responsibly

 

First and foremost, you agree that you will only use the App when it is safe to do so and in a manner so as to not pose a danger to yourself, your passengers or other vehicles on the road.

 

If you are driving, the vehicle must be parked prior to interacting with the App.

 

2. Contributing To the App

 

By submitting Contributions, you hereby grant TSCT a non-exclusive, irrevocable, worldwide and perpetual license and right to use all or any part of a Contribution in any manner or media now existing or hereafter developed, including the right to adapt, modify, edit, decompile, create derivative works, assign, commercialize and otherwise exploit without any compensation due to you, which right shall survive any termination of your use of this App.

 

3. Your Privacy

 

This App is a real-time, personalized contextual suggestion system. It provides a visual map to provide contextual suggestions (deals, parking, etc.) as well as tracking your route to give the most relevant information possible. To provide these services, we need to collect and use certain information from you.

 

 

General Information About Your Device

 

We collect information about the usage of the App.

 

We will collect information about what mobile device you use and have the App installed on, your device’s operating system, and other technical information. Please note that we cannot, and do not intend to, use this information to determine the identity for each user of the App.

 

We will collect metrics about how people interact with this App. For example, which “pages” they visit and what features they use. This information is used to better understand how the App is being used and to improve on the quality and usability of the App.

 

Registration To The App

 

When you download this App, we create our own identification number for your device (“Device Number”). This allows us to link suggestions and other information back to a particular device so that you can personalize your use of the App. We may link this Device Number with personally identifiable information that you provide us when you register with us. Email, password, first and last name are also tracked by the app.

 

Sharing Of Information

 

TSCT collects data from you in anonymous form. This anonymous data may be shared with other third parties who may benefit from it. For example, the local and provincial government can use the information to plan the building of new roads, improve traffic flows and reduce congestion. It may also be used by third-party information suppliers to improve the functionality of the app. The information may also be sold to market research agencies to help determine where people drive so as to better locate retail locations or billboards.

 

In addition to the above, TSCT may record and share with other users your Contributions through the App. Although we will attempt to remove any personal information contained, you should have no expectation of privacy in any information submitted.

 

We may also need to disclose your information to reasonably comply with

a subpoena or other order issued by a Court in Ontario. We may also disclose your information to prevent or investigate a possible crime, such as fraud or identity theft; to protect the security of this App; or to protect our own rights or property or the rights, property or safety of you or others.

 

4. App Security

 

We maintain reasonable administrative, physical, and technological measures to protect the confidentiality and security of personal information you submit on or through this App. Unfortunately, no App, website, server or database is completely secure or “hacker proof.” We therefore cannot guarantee that any personal information your provide the App, if any, will not be disclosed, misused or lost by accident or by the unauthorized acts of others.

 

5. Ownership of the App and Content

 

The software and code comprising or used to operate this App, and all of the non user submitted photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on this App are the property of TSCT. You do not acquire ownership rights to any such Content viewed through this App. The presence of the Content on this App does not constitute a waiver of any right TSCT may have in the Content.

 

You agree that none of the Content may be used, copied, reproduced,

distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without prior written permission by TSCT. In particular, you may not use, download or access the data feed for any other purposes than for using the App.

 

All product and service names, all graphics, all button icons, and all trademarks, service marks and logos appearing within this App, unless otherwise noted, are trademarks (whether registered or not) or service marks (the “Marks”) of TSCT or their respective partners or vendors. You are not authorized to display or use the Marks in any manner without the prior written permission of the rights owner. The use or misuse of the Marks, except as permitted herein, is expressly prohibited.

 

6. Third-Party Licensed Products: Use Subject to License

 

This App is operated by TSCT and uses third party licensed products from deCarta, TomTom, INRIX, Sqoot, Google, Apple, Green P, and Parkopedia  (“Third Party Vendors”).

 

NO THIRD PARTY VENDOR, NOR ANY OF THEIR SUPPLIERS SHALL BE LIABLE TO THE YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT OR EXEMPLARY DAMAGES ARISING OUT OF YOUR USE OF THE APP, INCLUDING LOST PROFITS OR COSTS OF COVER, LOSS OF USE OR BUSINESS INTERRUPTION OR THE LIKE, REGARDLESS OF WHETHER THE PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE THIRD PARTY VENDORS SHALL HAVE NO MONETARY LIABILITY TO YOU FOR ANY CAUSE (REGARDLESS OF THE FORM OF ACTION) UNDER OR RELATING TO YOUR USE OF THE APP. THE LICENSED PRODUCTS BY THIRD PARTY VENDORS ARE PROVIDED ON AN “AS IS” AND “WITH ALL FAULTS BASIS” AND THE THIRD PARTY VENDORS AND THEIR SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY, ACCURACY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY DECARTA, TOMTOM, OR ANY OF THEIR AGENTS, EMPLOYEES OR THIRD PARTY PROVIDERS SHALL CREATE A WARRANTY, AND CUSTOMER IS NOT ENTITLED TO RELY ON ANY SUCH ADVICE OR INFORMATION.

 

By using this App, you also agree to be bound by the following as it pertains to any software or products provided by Third Party Vendors:

 

· You shall not use this App to create (or assist in the creation of) a digital map database. A “digital map database” means a database of geospatial data containing the following information and attributes: (x) road geometry and street names; or (y) routing attributes that enable turn-by turn navigation on such road geometry; or (z) latitude and longitude of individual addresses and house number ranges.

 

· You shall not use this App to provide competitive information about TomTom or its products to third parties.

 

· This App may not be used for in-flight navigation.

 

· You release deCarta, TomTom, INRIX, Sqoot, Google, Apple, Green P, Parkopedia, and their suppliers from any and all liability, and from all damages of whatever nature, in relation to the use, operation, content, availability, or sublicense of the INRIX Data or any part thereof; deCarta, INRIX, and their suppliers will be third party beneficiaries to any such agreement;

 

· You expressly agree that their use or access to any of the INRIX Data is subject to such other Terms of Use as are customary in Customer’s industry.

 

· There are no guarantees regarding the accuracy of third-party information and TSCT holds no responsibility for its accuracy. Prices and rates are subject to change at any time at the discretion of the vendors and service providers.

 

7. Links to Third-Party Websites

 

This App may provide links to other websites operated by other parties. Because we have no control over third-party websites, we are not responsible for the availability of those websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. We 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 the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. These Terms of Use do not apply to your use of third-party websites; your use of such websites is subject to the terms and policies of the owner of such websites.

 

Please also be aware that other websites have their own privacy policies that you will be subject to.

 

8. Disclaimers

 

THIS APP AND ALL OF ITS CONTENT ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND.

 

GREENOWL ITS RESPECTIVE AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS APP; (C) THAT THE CONTENT OF THIS APP IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS APP WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF

WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS APP.

 

WE DO NOT REPRESENT OR WARRANT THAT THIS APP, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS APP WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.

 

Modification and Discontinuation of this App and/or Your Access to this App

 

We reserve the right at any time and from time-to-time to modify, edit, delete, suspend or discontinue, temporarily or permanently this App (or any portion thereof) and/or the information, materials, products and/or services available through this App (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this App.

 

TSCT also retains the right to block your access to this App and discontinue your use of this App, at any time and for any reason we deem appropriate, at its sole and absolute discretion.

 

Waiver

 

Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by us of any breach of any provision of these Terms of Use or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

 

Severability

 

If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use will remain in full force and effect.

 

Governing Law, Jurisdiction and Venue

 

These Terms of Use will be governed under the laws of the operating Province without regard to its conflicts of law provisions. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of these Terms of Use is taking place or originating.

 

Indemnity

 

You agree to indemnify and hold TSCT, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this App in violation of these Terms of Use and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above and/or if any material that you post using this App causes us to be liable to another. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.

 

These Terms of Use May Change

 

We reserve the right to update or modify these Terms of Use at any time, without prior notice. When we make material changes, we will alert you either by sending a push notification with instructions on how to access the revised Terms of Use or by posting a notice of modification on the main page of this App. Your continued use of this App after we provide such notice constitutes your agreement to be bound by the revised Terms of Use. For your convenience, whenever these Terms of Use are changed, we will update the “effective date” at the top of these Terms of Use.

 

Entire Agreement

 

These Terms of Use contain the entire understanding and agreement between you, TSCT with respect to this App and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and us with respect to this App and your use of this App.