TERMS AND CONDITIONS
IMPORTANT NOTICE:-
Car Dashboard App is intended to be used with users' own content or playlists that contain legal content. Car Dashboard App does not support or promote the streaming of copyrighted material without permission from the copyright holder. We take prompt action on any copyright complaints and may suspend or terminate accounts found in violation. The Car Dashboard App Application refers to the mobile application available on the Apple Store, Google Play Store, and on the Car Dashboard App webpage.
INTRODUCTION
Thank you for choosing Car Dashboard App ("Car Dashboard App," "Player," "we," "us," "our"). Car Dashboard App is an advanced Car Dashboard App mobile application for Android and iOS platforms, designed to play your own content, such as photos, videos, and streams. By using or signing up for the Car Dashboard App mobile application, websites, and user interfaces (collectively referred to as "Car Dashboard App Application"), available through our Website, Play Store, App Store, or other means, you acknowledge that you have entered into a binding contract with Car Dashboard App. Your agreement with us includes these Terms and any additional terms you agree to, as discussed in the Entire Agreement section below, except for terms with third parties (collectively referred to as the "Agreements"). The Agreements include terms regarding future changes, privacy policy, copyright infringement complaint process, disclaimers on mobile applications, limitations of liability, privacy, waiver of class actions, and resolution of disputes through arbitration. You confirm that you have read and understood the Agreements, accept these terms, and agree to be bound by them. If you do not agree with or cannot comply with the Agreements, you must not access or use Car Dashboard App. To use Car Dashboard App and access any content, you must (1) be 18 years or older or have your parent or guardian's consent if you are 13 years or older, and (2) have the legal capacity to enter into a contract with us. You also agree that any registration information you provide to Car Dashboard App is accurate and complete and will notify Car Dashboard App of any changes in the information provided.
CHANGES TO THE AGREEMENTS
We may occasionally make changes to the Agreements. When there are significant changes, we will notify you as appropriate under the circumstances, such as displaying a prominent notice within the Application or emailing you. Your continued use of Car Dashboard App after the changes will signify your acceptance of the updated terms. If you do not wish to continue using the Application under the new version of the Agreements, you may terminate your account by contacting us.
Car Dashboard App MOBILE APPLICATION
BASIC VERSION
Car Dashboard App is available for free, and you can watch your own content, such as photos, videos, and streams, without any costs. Please note that we do not provide any content ourselves. Technical issues may occur, and we may interrupt access to Car Dashboard App for maintenance or improvements. You may receive notifications about upgrades or maintenance from Car Dashboard App.
PREMIUM VERSION
You can purchase our Premium version of Car Dashboard App by paying a fee on a monthly or recurring basis, as disclosed prior to your purchase/subscription. We may change the price for the Premium version, and we will communicate any price changes in advance, along with instructions on how to accept the changes. By continuing to use Car Dashboard App after the price change, you accept the new price. If you disagree with a price change, you can reject it by unsubscribing from the Paid Subscription before the change takes effect. The Premium version of Car Dashboard App offers additional features, including Master Search, Ability to add External EPG Sources, Picture-In-Picture Feature, Parental Control, Chrome Casting feature, External Player adding feature, and other features included in the Basic Version.
RENEWAL/ CANCELATION OF PREMIUM VERSION
You understand and agree that your subscription and payment for the Premium Version of Car Dashboard App will automatically renew at the end of the current subscription period unless you cancel it before that time. To cancel your subscription, you can go to the account section within the mobile application and opt-out of the Premium version. The cancellation will take effect the day after the current subscription period ends. Please note that we do not provide refunds or credits for partial subscription periods, following standard industry practices.
INTELLECTUAL PROPERTY RIGHTS
Car Dashboard App is the property of SwiftSoft, and we exclusively own the intellectual property rights, including trademarks, patents, copyrights, and proprietary code associated with the player. We grant you limited, non-exclusive, and revocable permission to use the Car Dashboard App solely for playing your own content ("Access"). This permission remains effective until terminated by you or Car Dashboard App. We reserve the right to terminate your access if there are complaints regarding your infringement of others' intellectual property rights. All Car Dashboard App's trademarks, trade names, logos, domain names, and other features of the Car Dashboard App brand ("Car Dashboard App Brand Features") belong solely to Car Dashboard App or its licensors.
4.1 COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
You acknowledge that Car Dashboard App is the sole owner of all copyrights and intellectual property rights regarding Car Dashboard App worldwide, regardless of registration in any specific region. Similarly, all copyrights and intellectual property rights regarding content created by Car Dashboard App related to the mobile application are the property of Car Dashboard App. Content related to services not created by Car Dashboard App and offered/provided by other companies or parties retains the copyrights and intellectual property rights of their respective owners. You guarantee that you have the necessary copyrights or permissions for the content you wish to play using the Car Dashboard App mobile application. You agree not to modify, rent, sell, distribute, or create derivative works based on any content, unless explicitly authorized in writing by the respective copyright owner. You are solely responsible for protecting and enforcing your copyrights for content displayed or viewed through the Application, and Car Dashboard App has no obligation to protect these rights on your behalf. You must comply with these Terms, Privacy Policy, and Copyright Infringement Redressal Policy and refrain from using the Car Dashboard App or any part of it in any unauthorized manner. You must not play any content for which you do not have authorization and must not infringe on the intellectual property rights of our player or any third-party copyrights. Car Dashboard App is not liable for your usage of the player resulting in the violation of copyrights of any person, company, or entity, as the Application merely provides transmission, routing, or connections for content you choose to play. Car Dashboard App does not influence your stream initiation, content access, or any other actions. It is your sole discretion to access, load, and stream content through the Application. Except for the rights explicitly granted in the Agreements, Car Dashboard App does not grant you any right, title, or interest in the Car Dashboard App mobile application.
USER-GENERATED CONTENT
You are solely responsible for all the content you play, stream, or access. Car Dashboard App is not responsible for the content you access, nor does it endorse any opinions contained in any content. If anyone brings a claim against Car Dashboard App or its affiliates related to user content you access, you acknowledge that you are solely responsible for such content, and to the extent permitted by local law, you will indemnify and hold Car Dashboard App harmless from any damages, losses, and expenses arising from such claims.
RIGHTS YOU GRANT US
In consideration for the rights granted to you under the Agreements, you grant us the right to utilize the processor, bandwidth, and storage hardware on your device to facilitate the operation of the Application. If you provide feedback, ideas, or suggestions to Car Dashboard App concerning the Car Dashboard App Application ("Feedback"), you acknowledge that the Feedback is not confidential, and you authorize Car Dashboard App to use that Feedback without restrictions and without payment to you. Feedback is considered a type of user content. Apart from the rights explicitly granted herein, you retain ownership of all rights, including intellectual property rights, in the user content. Where applicable and permitted by law, you also agree to waive and not enforce any moral rights or equivalent rights, such as the right to be identified as the author of any user content, including Feedback, and the right to object to derogatory treatment of such user content.
USER GUIDELINES
Car Dashboard App upholds all laws, agreements, and intellectual property rights, and we expect you to do the same. Please adhere to the following rules, and encourage other users to do so as well. The following actions are strictly prohibited: Using the Application for any illegal activities or those considered illegal in your territory. Watching, streaming, broadcasting, publicly sharing, performing, displaying, recording, transferring, reproducing, copying, or redistributing content not permitted under the Agreements or applicable law, which infringes on the intellectual property rights (e.g., copyright) of Car Dashboard App, individuals, or entities. Transferring cached third-party content from an authorized Device to any other Device via any means. Reverse-engineering, decompiling, disassembling, modifying, or creating derivative works of the Car Dashboard App Application, except as allowed by applicable law. Circumventing any technology used by Car Dashboard App, its licensors, or third parties to protect the Application. Selling, renting, sublicensing, or leasing any part of the Car Dashboard App Application. Circumventing territorial restrictions applied by Car Dashboard App or its licensors. Removing or altering any copyright, trademark, or other intellectual property notices on the Application or provided through the Application. Sharing your password with others or using another person's username and password. "Crawling" the Car Dashboard App Application or using any automated means (e.g., bots, scrapers, spiders) to access or collect information from Car Dashboard App or the Car Dashboard App Application. Selling user accounts or offering compensation to influence the account name or content included in an account or playlist. Artificially promoting content through automated means or other methods. Please respect Car Dashboard App, content owners, and other users of the Car Dashboard App Application. Do not engage in any activity, post User Content, or use a username that includes material that: Is offensive, abusive, defamatory, pornographic, threatening, or obscene. Is illegal or intended to promote illegal acts, including violations of intellectual property, privacy, or proprietary rights of Car Dashboard App or others. Includes your password or another user's password, or contains personal data of third parties, or is intended to solicit such personal data. Contains malicious content such as malware, Trojan horses, viruses, or interferes with others' access to the Application. Harasses or bullies other users. Impersonates or misrepresents your affiliation with others, or is fraudulent, false, deceptive, or misleading. Involves unsolicited mass mailings, spam, junk mail, chain letters, or similar content. Involves unauthorized commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes. Links to or promotes commercial products or services without Car Dashboard App's explicit authorization. Interferes with or disrupts the Car Dashboard App Application or attempts to breach or test its security measures. You acknowledge that posting User Content violating these guidelines (or believed to violate them by Car Dashboard App) may lead to immediate termination or suspension of your Car Dashboard App account. Car Dashboard App may reclaim your username for any reason. Car Dashboard App assumes no responsibility for your choice of material on the Application or the content you watch using the Car Dashboard App Application.
INFRINGEMENT AND REPORTING USER CONTENT
Car Dashboard App respects intellectual property rights and promptly handles complaints related to copyright violations. To report any Content that infringes your rights or other rights, please contact Car Dashboard App through our email, at hello@swiftsoft.io. Car Dashboard App may suspend the account of users who violate copyrights or take other appropriate actions without prior notification. Users or parties who believe their Content is not infringing may submit a counter-notification to request the restoration of their disabled account, subject to Car Dashboard App's sole discretion. Car Dashboard App does not store or interact with the content accessed by Users, including cached files. As a result, the only remedy Car Dashboard App has for copyright violations is the removal of accounts that accessed copyrighted content or issuing appropriate warnings for account removal, as deemed fit by Car Dashboard App.
SERVICE LIMITATIONS AND MODIFICATIONS
Car Dashboard App will make reasonable efforts to ensure the continuous operation of the Car Dashboard App Application. However, occasional technical difficulties, maintenance or testing requirements, or updates to comply with changes in laws and regulations may result in temporary interruptions. Car Dashboard App reserves the right to modify or discontinue, temporarily or permanently, functions and features of the Car Dashboard App Application, with advance notice where possible. This will be done without any liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Car Dashboard App Application or any of its functions or features. The Company does not guarantee the accuracy of data and other information provided through the Software, except for data and information directly created or prepared by the Company and expressly stated otherwise. The Company shall not be responsible for any losses or damages incurred by the user due to the installation, use, or non-use of the Software, except in cases where such losses or damages are caused by the Company's willful misconduct or gross negligence. The Company shall not be responsible for any loss of actual or anticipated profits for the user resulting from their use of the Software. The Company shall not be involved in any disputes that arise between users or between a user and a third party in connection with their use of the Car Dashboard App Application.
CUSTOMER SUPPORT
For customer support related to account and payment inquiries ("Customer Support Queries"), please submit a ticket to our Customer Service department using the form available on the Contact Us page on our website (https://swiftsoft.io/). While we will make reasonable efforts to respond to all Customer Support Queries within a reasonable time frame, we do not guarantee specific response times.
EXPORT CONTROL
The Car Dashboard App Application may be subject to U.S. export and re-export control laws and regulations or similar laws in other jurisdictions. You warrant that you are not located in any country embargoed by the United States or subject to economic sanctions. You also warrant that you are not a denied party as specified in any applicable export laws or regulations. You agree to comply with all applicable export and re-export control laws and regulations, including those maintained by the U.S. Department of Commerce, the Office of Foreign Assets Control, and the Department of State. You shall not sell, export, transfer, or dispose of the Car Dashboard App Application to any destination, entity, or person prohibited by any applicable laws or regulations without obtaining prior authorization from the competent government authorities.
TERM AND TERMINATION
The Agreements will remain in effect until terminated by either you or Car Dashboard App. The perpetual license granted by you for Feedback will continue after the expiry or termination of the Agreements. Car Dashboard App may terminate the Agreements or suspend your access to the Car Dashboard App Application at any time for various reasons, including unauthorized use or non-compliance with the Agreements. If the Agreements are terminated, you agree that Car Dashboard App shall have no liability or responsibility to you, and no refunds will be provided for any amounts already paid, to the fullest extent permitted by applicable law. You have the right to terminate the Agreements at any time. Certain sections of the Agreements, including those related to liability, export control, warranty disclaimer, and others, shall survive termination.
WARRANTY DISCLAIMER
You understand and agree that the Car Dashboard App Application is provided "as is" and "as available," without any express or implied warranty or condition. Car Dashboard App and all owners of the content disclaim any warranties of satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement. Car Dashboard App does not guarantee that the Car Dashboard App Application is free of malware or harmful components. Additionally, Car Dashboard App does not endorse, guarantee, or assume responsibility for any third-party applications, user content, devices, or products or services offered by third parties through the Car Dashboard App Application. No advice or information obtained from Car Dashboard App shall create any warranty on behalf of Car Dashboard App. This section applies to the fullest extent permitted by applicable law and does not affect your statutory rights as a consumer.
LIMITATION AND TIME FOR FILING
The Company does not guarantee the accuracy of data and other information provided through the Application, except for data and information directly created or prepared by the Company. The Company shall not be responsible for any losses or damages incurred by the user due to the installation, use, or non-use of the Software, except in cases where such losses or damages are caused by the Company's willful misconduct or gross negligence. The Company shall not be responsible for any loss of actual or anticipated profits for the user resulting from their use of the Application. The Company shall not be involved in any disputes that arise between users or between a user and a third party in connection with their use of the Application. You agree that your sole and exclusive remedy for any problems or dissatisfaction with the Car Dashboard App Application is to uninstall the Car Dashboard App Application and stop using it. You also agree that Car Dashboard App has no obligation or liability arising from or related to third-party applications or the content provided by such applications. While your relationship with third-party applications may be governed by separate agreements, your sole and exclusive remedy, as it relates to Car Dashboard App, for any problems or dissatisfaction with third-party applications or their content, is to uninstall and/or stop using such third-party applications. LIMITATION AND TIME FOR FILING: The Company does not guarantee the accuracy of data and other information provided through the Application, except for data and information directly created or prepared by the Company. The Company shall not be responsible for any losses or damages incurred by the user due to the installation, use, or non-use of the Software, except in cases where such losses or damages are caused by the Company's willful misconduct or gross negligence. The Company shall not be responsible for any loss of actual or anticipated profits for the user resulting from their use of the Application. The Company shall not be involved in any disputes that arise between users or between a user and a third party in connection with their use of the Application. YOUR SOLE AND EXCLUSIVE REMEDY: You agree that your sole and exclusive remedy for any problems or dissatisfaction with the Car Dashboard App Application is to uninstall the Car Dashboard App Application and stop using it. You also agree that Car Dashboard App has no obligation or liability arising from or related to third-party applications or the content provided by such applications. While your relationship with third-party applications may be governed by separate agreements, your sole and exclusive remedy, as it relates to Car Dashboard App, for any problems or dissatisfaction with third-party applications or their content, is to uninstall and/or stop using such third-party applications. LIMITATION OF LIABILITY: In no event will Car Dashboard App, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for (1) any indirect, special, incidental, punitive, exemplary, or consequential damages; (2) any loss of use, data, business, or profits (whether direct or indirect), regardless of legal theory, even if Car Dashboard App has been warned of the possibility of such damages, and even if a remedy fails of its essential purpose; or (3) aggregate liability for all claims relating to the Car Dashboard App Application, third-party applications, or third-party application content, more than the amounts paid by you to Car Dashboard App during the prior twelve months. Any claim against Car Dashboard App must be commenced (by filing a demand for arbitration under Section (22.2)) within one (1) year after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim. Failure to assert a claim within this time period shall result in the loss of any right to a remedy for that claim.
THIRD PARTY RIGHTS
You acknowledge and agree that the owners of the Content and certain distributors, such as app store providers, are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against you. However, other than as set out in this section, the Agreements are not intended to grant rights to anyone except you and Car Dashboard App, and no third-party beneficiary rights are created.
ENTIRE AGREEMENT
The Agreements constitute all the terms and conditions agreed upon between you and Car Dashboard App and supersede any prior agreements, whether written or oral, related to the subject matter of these Agreements, unless otherwise explicitly agreed upon in writing.
SEVERABILITY, WAIVER AND INTERPRETATION
If any provision of the Agreements is held invalid or unenforceable, it shall not affect the validity or enforceability of the remaining provisions, and the application of that provision shall be enforced to the extent permitted by law. The failure by Car Dashboard App or any third-party beneficiary to enforce any provision of the Agreements shall not waive their right to do so. The terms "include" and "including," and variations thereof, will be deemed to be followed by the words "without limitation."
ASSIGNMENT
Car Dashboard App may assign the Agreements or any of its rights under the Agreements, and you may not assign the Agreements or transfer your rights under the Agreements to any third party.
INDEMNIFICATION
You agree to indemnify and hold Car Dashboard App harmless from and against all damages, losses, and expenses, including reasonable attorney fees and costs, arising out of or related to your breach of the Agreements, your User Content contributions, your activities on or through the Car Dashboard App Application, and your violation of any law or the rights of a third party.
GOVERNING LAW / JURISDICTION
The Agreements, including any non-contractual disputes/claims arising out of or in connection with them, are subject to the laws, without regard to the choice or conflicts of law principles. The Arbitration Agreement as explained in paragraph 22 applies to all users.
DISPUTE RESOLUTION AND ARBITRATION
You and Car Dashboard App agree that any dispute, claim, or controversy between you and Car Dashboard App arising in connection with or relating in any way to these Agreements or your relationship with Car Dashboard App as a user of the Application will be determined by mandatory binding individual (not class) arbitration. The arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of the Arbitration Agreement or the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court, and there is no judge or jury in arbitration. Court review of an arbitration award is limited, and there may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court, including attorney fees, except that the arbitrator may not award any relief benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Agreements.
NO CLASS OR REPRESENTATIVE PROCEEDINGS: CLASS ACTION WAIVER
You and Car Dashboard App agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative action. No arbitrator or judge may consolidate more than one person's claims or preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If a court decides that applicable law precludes enforcement of any of these limitations as to a particular claim for relief, then that claim must be severed from the arbitration and may be brought in court.
ARBITRATION RULES
Either you or Car Dashboard App may start arbitration proceedings, and any arbitration between you and Car Dashboard App will take place in accordance with the prevailing laws, as modified by this Arbitration Agreement. The Arbitration Act applies and governs the interpretation and enforcement of this provision. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits. All disputes arising under this agreement shall be submitted to the International Court of Arbitration of the International Chamber of Commerce and settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules.
NOTICE; PROCESS
If either party intends to seek arbitration, they must first send a written Notice of the dispute to the other, by certified mail or electronic mail. The Notice must describe the nature and basis of the claim or dispute and set forth the specific relief sought. Both parties agree to use good faith efforts to resolve the claim directly, but if they do not reach an agreement within 30 days after the Notice is received, either party may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by either party shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used for any purpose other than for the arbitration or the enforcement of the arbitrator's decision and award, except as required by applicable law.