Terms of Service

Last updated: May 5, 2021

THESE TERMS OF SERVICE TOGETHER WITH THE MICROSOFT BING MAPS AND MAPPOINT WEB SERVICE TERMS OF USE FOUND HERE ARE (THE “TERMS”) APPLY TO YOUR USE OF THE MILEIQ AND OR VISITS MOBILE APPLICATION, THE WEBSITE LOCATED AT WWW.MILEIQ.COM AND THE SERVICES RELATED TO THE FOREGOING (COLLECTIVELY, “MILEIQ”) PROVIDED BY MOBILE DATA LABS, INC. (“MOBILE DATA LABS,” “WE” OR “US”).

PLEASE READ ALL OF THE TERMS AND CONDITIONS OF THE TERMS CAREFULLY. BY USING MILEIQ AND OR VISITS, YOU ACKNOWLEDGE AND AGREE THAT: (I) YOU HAVE READ ALL OF THE TERMS AND CONDITIONS OF THE TERMS; (II) YOU UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF THE TERMS; AND (III) YOU AGREE TO BE LEGALLY BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH IN THE TERMS.

IF YOU DO NOT AGREE WITH ANY OF THE TERMS OR CONDITIONS OF THE TERMS, YOU MAY NOT ACCESS OR USE MILEIQ.

MileIQ Service and Features.

MileIQ is a mobile application that automatically tracks miles, using your device’s location data, to assist you in the creation of a mileage log. You can use your mileage log to organise, categorise, classify, report and manage your reimbursable and deductible business miles. MileIQ asks you to opt-in to certain features, like daily notifications and weekly/monthly mileage summaries. If you decide you no longer want to access an opt-in feature, you may opt-out by contacting Mobile Data Labs at support@mileiq.com or via the settings menu in MileIQ.

Privacy

Your privacy is important to us. Please review our Privacy Policy, which also governs your use of MileIQ, to understand Company’s privacy practices. By visiting or using MileIQ, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy, which is hereby incorporated by reference into these

Terms

A copy of our Privacy Policy can be accessed at https://www.mileiq.com/privacy.

License. Subject to the terms, conditions and limitations set forth in the Terms, Mobile Data Labs grants you a nonexclusive, non-transferable and revocable license to use MileIQ on any mobile device that you own or control. The terms of the license will also govern any upgrades provided by Mobile Data Labs that replace and/or supplement the original MileIQ, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.

Restrictions. You agree not to do, or authorize or permit any third-party to do, any of the following: (i) distribute or make MileIQ available over a network where it could be used by multiple devices at the same time; (ii) rent, lease, lend, sell, redistribute or sublicense MileIQ; (iii) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of MileIQ, or any updates or any part thereof (except as and only to the extent any of these restrictions are prohibited by applicable law); or (iv) remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in MileIQ. If you violate any of the restrictions set forth in the Terms, your use of MileIQ will immediately cease, and you will have infringed the copyright and other rights of Mobile Data Labs, which may subject you to prosecution and damages. Mobile Data Labs reserves all rights not expressly granted to you in the Terms.

Subscription Terms. Use of MileIQ is free for the first 40 drives per month. Additional use is on a subscription basis. Subscriptions for unlimited drives using MileIQ are available for $5.99 per month for monthly subscriptions or $59.99 per year for annual subscriptions, or as otherwise agreed to in writing by Mobile Data Labs. MileIQ subscriptions renew automatically for successive monthly or annual subscription periods (as applicable) until cancelled. If you initiated your MileIQ subscription through Apple, see https://support.apple.com/en-us/HT202039 (or its successor website) for information about managing your auto-renewing subscription. If you initiated your MileIQ subscription through Google Play, see https://support.google.com/googleplay/answer/2476088?vid=1-635770230184706449-3000457038 (or its successor website) for information about managing your auto-renewing subscription. If you initiated your MileIQ subscription via an order from Mobile Data Labs, contact MileIQ at support@mileiq.com with your formal request for cancellation. Cancellations received with at least 10 days prior notice are effective at the end of the then-current subscription period; cancellations received fewer than 10 days before the end the then-current subscription period are effective at the end of the next subscription period. Mobile Data Labs may cancel your subscription with or without cause at any time. If Mobile Data Labs cancels your subscription without cause before the end of your subscription period, you may be entitled to a refund (prorated for the time remaining on your subscription period). Otherwise, subscriptions are non-refundable except as expressly set forth in writing by MileIQ. Termination of your MileIQ subscription will automatically terminate these Terms. By using MileIQ, you agree to be bound by and accept the subscription terms set forth in this section and any other terms set forth in an order with Mobile Data Labs.

Refund Policy – Only Applicable if you are resident in an EU Member State. Where you are resident in an EU Member State, the provisions of this section entitled Refund Policy are applicable to you. When you purchase a Paid Subscription from Mobile Data Labs, you acknowledge that you expressly consent to the commencement of such Paid Subscription immediately, and within the 14 day cooling-off period provided by law. You have the right to cancel your Paid Subscription within 14 days without giving any reason. This cancellation period will expire after 14 days from the day Mobile Data Labs sends you an email confirming the purchase of your Paid Subscription. If you are resident in an EU Member State and cancel your Paid Subscription within this 14 day cooling-off period, you will be liable to pay Mobile Data Labs for your use of your Paid Subscription up to the time you informed us of your decision to cancel your Paid Subscription. This amount will be calculated as a proportion of the total price payable for your Paid Subscription. You may inform Mobile Data Labs of your decision to cancel this contract by a clear statement sent to support@mileiq.com with the subject line marked as ‘cancel subscription’. Where you are purchasing a Paid Subscription from Mobile Data Labs, payment will be debited from your account or your credit or debit card account (as applicable) upon or shortly after you have confirmed your order by clicking on the “BUY” button, or in the case of a recurring payment on the date on which your Paid Subscription is renewed. Shortly after confirming your order, you will receive a confirmation email, which attaches these terms and conditions and details of the relevant transaction, which indicates formation of a valid contract between you and us, and that by consenting to such supply. This confirmation email indicates our acceptance of your offer to purchase your Paid Subscription (as applicable).

Service Codes. Service codes may allow you to receive a discount off MileIQ or other benefits, depending on the type of service code. Service codes must be redeemed at the time you order a subscription to MileIQ and cannot be combined with any other discounts, promotions or offers without Mobile Data Labs’ express consent. Redemption of service codes is subject to Mobile Data Labs’ approval and valid registration with MileIQ. Service codes are not transferable except with Mobile Data Labs’ express consent. You are solely responsible for the payment of any taxes that you incur as a result of using any service code. Additional services code terms may apply.

Registration Data & Account Information. You agree to: (i) provide accurate, current and complete information about you as may be prompted by the MileIQ registration process (“Registration Data”); (ii) maintain the security of your password and identification; (iii) maintain and promptly update the Registration Data, and any other information you provide to Mobile Data Labs, in order to keep it accurate, current and complete; and (iv) accept all risk of unauthorized access to the Registration Data and any other information you provide to Mobile Data Labs. You represent and warrant that all Registration Data is accurate, current and complete. You may update your information via MileIQ or via the MileIQ website located at https://dashboard.MileIQ.com (the “Site”). MileIQ is intended solely for users who are 13 years of age or older. In addition, if you are under 18 years old, you may use MileIQ only with the approval of your parent or guardian.

Third-Party Sites and Services; Third-Party Materials. MileIQ may provide links to third- party websites, applications, mobile services or other third-party services (“Third-Party Services”) and may also display, link to or otherwise make available third-party content, data, information, events, applications or materials (“Third-Party Materials”). Mobile Data Labs does not endorse or control, and makes no representations or warranties of any kind regarding, any Third-Party Services or Third-Party Materials, including, but not limited to, the content, accuracy, quality, nature, appropriateness, decency, functionality, performance, reliability, completeness, timeliness, validity, safety, legality or any other aspect thereof. If you access or use any third-party website or application, you should be aware that Mobile Data Labs’ terms and policies, including the Terms, no longer govern. You should review the applicable terms and policies, including, but not limited to, privacy and data gathering practices, of any third-party website or application to which you navigate from MileIQ.

Third-Party Interactions. The following provisions do not limit the application of the Quebec Consumer Protection Act, if such legislation otherwise applies. Your use of MileIQ and your contact, interaction or dealings with any third-parties arising out of your use of MileIQ is solely at your own risk. You acknowledge and agree that Mobile Data Labs is not responsible or liable in any manner for any loss, damage or harm of any sort incurred as a result of your use of MileIQ.

User Content and Conduct. You are solely responsible for all content you upload to or use with MileIQ, as well as your conduct and the conduct of anyone using your account. The content you upload to or use with MileIQ must comply with the user content and conduct rules below. Enforcement of the user content and conduct rules set forth in the Terms is solely at Mobile Data Labs’ discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third-party or any reasonable expectation that MileIQ will not contain any content that is prohibited by such rules.

Correction of Errors and Inaccuracies; Limitations on Services. The information on MileIQ may contain typographical errors or inaccuracies, and may not be complete or current. Company therefore reserves the right to correct any errors, inaccuracies, or omissions, and to change or update information at any time without prior notice. Please note that such errors, inaccuracies, or omissions may relate to service descriptions, pricing, and availability. Company also reserves the right to limit the scope of services (including after you have submitted your request). Company apologizes for any inconvenience this may cause you.

You agree not to upload to, transmit, distribute, store, create or otherwise publish through MileIQ any of the following:

  • User content that is illegal or unlawful, that would constitute, encourage or provide instructions for a criminal offense, or otherwise create liability or violate any local, state, national or international law;
  • User content that may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual or other right of any party; or
  • Viruses, corrupted data or other harmful, disruptive or destructive files or code, script or other software designed to automate any functionality on MileIQ.

You further agree that you are solely responsible for your conduct with respect to MileIQ, and you agree that you will not do any of the following in connection with MileIQ:

  • Use MileIQ for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates the Terms or any other rules or polices established from time-to-time by Mobile Data Labs;
  • Modify, adapt or hack MileIQ;
  • Circumvent or attempt to circumvent any filtering, security measures or other features designed to protect MileIQ; and
  • Infringe upon or violate the rights of Mobile Data Labs.

The following provisions do not limit the application of the Quebec Consumer Protection Act, if such legislation otherwise applies. Mobile Data Labs takes no responsibility and assumes no liability for any user conduct or for any user content posted or uploaded on (or otherwise made available via) MileIQ, nor is Mobile Data Labs liable for any mistakes, defamation, slander, libel, omissions, or other material you may encounter while using MileIQ. Your use of MileIQ is at your own risk.

Although Mobile Data Labs does not control and has no obligation to screen, edit or monitor any of the user content posted or uploaded on (or otherwise made available via) MileIQ, Mobile Data Labs reserves the right, and has absolute discretion, to remove, screen or edit any user content posted or uploaded on MileIQ at any time and for any reason without notice. Any use of MileIQ in violation of the foregoing violates the Terms and may result in, among other things, termination or suspension of your rights to use MileIQ.

Except for any feedback you provide with respect to MileIQ or any of Mobile Data Labs’ products and services or as specifically provided otherwise in the Terms or in a separate agreement between you and Mobile Data Labs, you retain ownership of the user content you post or upload on (or otherwise make available via) MileIQ. However, if you post or upload user content on (or otherwise make available via) MileIQ, you grant Mobile Data Labs and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, and distribute such user content solely to enable Mobile Data Labs to operate MileIQ. You represent and warrant that: (i) you own and control all of the rights to the user content that you post or upload on (or otherwise make available via) MileIQ or you otherwise have the right to make available such user content via MileIQ and grant the rights granted in the Terms; and (ii) Mobile Data Labs’ use and making available the user content you supply does not violate the Terms and will not violate any rights of or cause injury to any person or entity.

Location Information. MileIQ collects location information and it will be used and disclosed as set forth in the Privacy Policy.

You acknowledge and agree that by accepting the Terms or using MileIQ you affirmatively consent to Mobile Data Labs' collection, use, disclosure and storage of your location information.

You may revoke your consent with respect to Mobile Data Labs' collection, use, disclosure and storage of your location information at any time by contacting support@mileiq.com and deleting the app from your mobile device. Please know that if you revoke your consent by doing one of the foregoing or you delete or deactivate your account, we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period.

If you consent to our collection of location information and you do not subsequently stop the collection of this location information, Mobile Data Labs will continue to collect this location information.

If you consent to our collection of location information, subsequently stop the collection of this location information and later consent to the collection of this location information, MileIQ will resume the collection of location information.

Mobile Data Labs takes reasonable measures to protect your location information from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction.

MileIQ is for your use and to collect your location information. You may not use MileIQ to collect another individual's location information. If you violate any of this restriction or any other restriction, you will have breached the Terms, which may subject you to prosecution and damages.

Ownership and Suppliers. MileIQ contains the valuable proprietary content of Mobile Data Labs, Bing data suppliers, and its licensors and is protected by copyright and other intellectual property laws and treaties. You agree not to use MileIQ except in its intended manner in accordance with the terms and conditions of the Terms. For more information about Bing data suppliers, click here.

Modification of Terms. Mobile Data Labs reserves the right to change any of the terms and conditions contained in the Terms, or any policy or guideline of Mobile Data Labs, at any time and in its sole discretion by posting the revisions via MileIQ. Additionally, notice may be provided by sending an email, by posting the revised Terms on the Site or by such other form of notice as determined by Mobile Data Labs. Changes will only become effective at the end of the 30 day period commencing upon the posting of the changes via MileIQ (“Notice Period”). If you disagree with any changes, you may terminate your use of MileIQ within the Notice Period and, if termination is effective prior to the end of your current subscription period, you may be entitled to a prorated refund. Please contact support@mileiq.com for refund information. You should review the Terms on a regular basis and read the notices Mobile Data Labs sends to you. Use of MileIQ after the Notice Period will constitute your acceptance of the changes/modifications.

Termination. The Terms are effective on the date that you first access or use MileIQ, or as otherwise set forth in an order with Mobile Data Labs, and continue for the length of your subscription period. You may terminate these Terms (a) if Mobile Data Labs does not cure any breaches its obligations under these Terms within 30 days of your written notice of such breach; (b) by canceling your MileIQ subscription as set forth above; or (c) as otherwise consented to in writing by Mobile Data Labs. Mobile Data Labs may terminate these Terms if you breach any of the terms and conditions of these Terms. In the event of any termination of the Terms: (i) all licenses granted under the Terms will immediately terminate; and (ii) you must immediately cease all use of MileIQ and destroy or erase all copies of MileIQ in your possession or control. All of the sections of the Terms will survive any termination except the “License” section. Any use of MileIQ after termination is unlicensed and is in violation of the copyright and other rights of Mobile Data Labs.

Disclaimers. THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC'S CONSUMER PROTECTION ACT, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF MILEIQ IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, SAFETY, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MILEIQ IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MOBILE DATA LABS DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE TERMS, MILEIQ, ALL RELATED PRODUCTS AND SERVICES, USER CONTENT, THIRD-PARTY SERVICES OR THIRD-PARTY MATERIALS, WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL: (I) WARRANTIES OF MERCHANTABILITY; (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT MOBILE DATA LABS KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) WARRANTIES OF NON-INFRINGEMENT OR CONDITION OF TITLE. MOBILE DATA LABS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN MILEIQ WILL BE ACCURATE OR MEET YOUR REQUIREMENTS, THAT THE OPERATION OF MILEIQ WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN MILEIQ WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY MOBILE DATA LABS OR ITS AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY.

Indemnification. You agree, at your sole expense, to defend, indemnify and hold Mobile Data Labs, our service providers and consultants, and their respective directors, employees and agents, harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to: (i) your conduct; (ii) your violation of the Terms or the rights of any third-party; or (iii) any user content.

Limitation of Liability. The following provision does not limit the application of the Quebec Consumer Protection Act, if such legislation otherwise applies. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL MOBILE DATA LABS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO MILEIQ, RELATED PRODUCTS AND SERVICES, USER CONTENT, THIRD-PARTY SERVICES OR THIRD-PARTY MATERIALS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF MOBILE DATA LABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL MOBILE DATA LABS’ TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICE EXCEED THE FEE FOR THE SERVICE (AS OPPOSED TO ANY OTHER FEES/COSTS INCLUDING, BUT NOT LIMITED TO, ANY FEES ASSOCIATED WITH YOUR DEVICE).

Copyright Complaints. Mobile Data Labs takes intellectual property rights seriously. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Mobile Data Labs has adopted a policy of terminating, in appropriate circumstances and at Mobile Data Labs’ sole discretion, subscribers or account holders who are deemed to be repeat infringers. If you believe in good faith that any content on MileIQ infringes your copyright, you (or your agent) may send us a notice requesting that the content be removed, or access to it blocked. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA (see www.loc.gov/copyright for details). Notices and counter notices should be sent to our designated agent at:

Mobile Data Labs, Inc.
Attn: Copyright Complaints
548 Market Street
PMB 37418
San Francisco, CA 94104-5401
support@mileiq.com

Electronic Communications. Notwithstanding any terms to the contrary in the Terms, Mobile Data Labs may choose to electronically deliver all communications with you, which may include: (i) email to your email address listed in your Registration Data; or (ii) posting messages that are displayed to you when you log into or access your account. Mobile Data Labs’ electronic communications to you may transmit or convey information about action taken as a result of your request, portions of your requests that may be incomplete or require additional explanation, any notices required under applicable Law and any other notices. You agree to do business electronically with Mobile Data Labs, and to receive, electronically, all current and future notices, disclosures, communications and information, and that the aforementioned provided electronically satisfies any legal requirement that such communications be in writing. An electronic notice will be deemed to have been received the day of receipt as evidenced by such email.

Governing Law; Arbitration. (Not applicable to Quebec consumers) PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH MOBILE DATA LABS AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM MOBILE DATA LABS.

You and Mobile Data Labs agree to arbitrate any dispute arising from the Terms or relating to MileIQ, except that you and Mobile Data Labs are not required to arbitrate any dispute in which either party seeks equitable or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents.

ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.

You and Mobile Data Labs agree that you will notify each other of any dispute within 30 days of when it arises, that you will attempt informal resolution prior to any demand for arbitration, that any arbitration will occur in San Francisco, California and that arbitration will be conducted confidentially by a single arbitrator in accordance with the Rules of the American Arbitration Association. You and Mobile Data Labs also agree that the state or federal courts in San Francisco County, California have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration and that such appeals or suit will be governed by applicable U.S. federal law. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND MOBILE DATA LABS WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING.

For Quebec consumers: These Terms and any dispute of any sort that might arise between you and Mobile Data Labs shall be governed by the laws of the Province of Quebec, without reference to its conflict of laws provisions, and the laws of Canada applicable therein, and any disputes will be submitted to the courts of competent jurisdiction of the District of Montreal (Quebec).

Users of iPhone, iPod Touch or iPad. Notwithstanding any terms to the contrary in the Terms, the following additional terms will apply to the download of MileIQ for use on the iPhone, iPod Touch or iPad:

  • Acknowledgement. You and Mobile Data Labs acknowledge that the terms are solely between you and Mobile Data Labs, and not with Apple, Inc. (“Apple”), and Mobile Data Labs, not Apple, is solely responsible for MileIQ and the content contained within MileIQ. You further acknowledge that the usage rules for MileIQ are subject to any additional restrictions set forth in the Usage Rules for the Apple App Store Terms of Service as of the date you download MileIQ. In the event of any conflict between the terms and conditions of the Usage Rules for the Apple App Store Terms of Service and the terms and conditions of the Terms, the terms and conditions of the Usage Rules for the Apple App Store Terms of Service will govern if they are more restrictive.
  • Scope of License. The license granted to you is limited to a non-transferable license to use MileIQ on any iPhone, iPod touch or iPad that you own or control as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.
  • Maintenance and Support. Mobile Data Labs is solely responsible for providing maintenance and support services with respect to MileIQ. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to MileIQ.
  • Warranty. You acknowledge and agree that Apple is not responsible for any product warranties, whether express or implied by law, with respect to MileIQ. In the event of any failure of MileIQ to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for MileIQ by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to MileIQ. You also acknowledge and agree that to the extent that there are any applicable warranties, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty, such will be the sole responsibility of Mobile Data Labs. However, you understand and agree that in accordance with the Terms, Mobile Data Labs has disclaimed all warranties of any kind with respect to MileIQ, and therefore, there are no warranties applicable to MileIQ, except those implied by law.
  • Product Claims. You and Mobile Data Labs acknowledge and agree that as between Apple and Mobile Data Labs, Mobile Data Labs, not Apple, is responsible for addressing any of your claims or any third-party claims relating to MileIQ or your possession and/or use of MileIQ, including, but not limited to: (i) product liability claims; (ii) any claim that MileIQ fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  • Intellectual Property Rights. You and Mobile Data Labs acknowledge and agree that, in the event of any third-party claim that MileIQ or your possession and use of MileIQ infringes that third-party’s intellectual property rights, Mobile Data Labs, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under the Terms.
  • Legal Compliance. You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  • Developer Name and Address. Any end-user questions, complaints or claims with respect to MileIQ should be directed to:

    Mobile Data Labs, Inc.
    548 Market Street
    PMB 37418
    San Francisco, CA 94104-5401
    support@mileiq.com
  • Third-Party Beneficiary. The parties acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce any of the terms and conditions of the Terms against you as a third-party beneficiary thereof.

MileIQ Referral Program Terms and Conditions.

These Referral Program Terms and Conditions (these "Referral Terms") set forth the terms and conditions pursuant to which you may participate in our referral program (described below). These Referral Terms are in addition to the Terms of Service available at https://www.mileiq.com/terms, and are hereby incorporated by reference into our Terms of Service. Capitalized terms not defined herein are defined in our Terms of Service.

Referral Program Description. From time to time, MileIQ may offer a referral program (“Referral Program”) to its users (“Referring Users”) permitting such Referring User to earn a Tango Card gift card in a specified denomination (“Gift Card”) by inviting or referring another person who is not a then-current or past user of MileIQ (a “Referred User”), to sign up for an annual subscription to MileIQ using the Referring User’s Referral Link (defined herein). Referred Users are eligible for a one-time 20% discount on their first annual subscription fee when they use a Referring User’s Referral Link to sign up for an account, as further described in these Referral Terms.

Acceptance of these Referral Terms; Revised Referral Terms. By participating in the Referral Program in any way, you agree to be bound by these Referral Terms. If you do not agree to all of the terms and conditions of these Referral Terms, you may not participate in the Referral Program. We reserve the right to change any of the terms and conditions contained in these Referral Terms at any time and in our sole discretion by posting the revised Referral Terms via the MileIQ services in accordance with our Terms of Service. If you do not agree to these Referral Terms or any revised version of these Referral Terms, your sole recourse is to terminate your participation in the Referral Program. Except as otherwise expressly stated by us, your participation in the Referral Program is subject to, and constitutes your acceptance of, the version of these Referral Terms in effect at the time of your participation in the Referral Program. While Referral Links (defined below) do not expire, any changes to these Referral Terms will apply to use of a Referral Link by a Referred User even if the Referral Link was sent prior to the revised Referral Terms effectiveness.

Earning a Gift Card. When you register for a MileIQ account, or from time to time thereafter, we may provide you with a hyperlink, text link, badge, button, or other code via email, text message or other format containing a URL link unique to your MileIQ account (a "Referral Link"), which you may share with your contacts, either by email or text message as prompted by the Mile IQ services, or by other means outside of the MileIQ services. Subject to these Referral Terms, within 30 days of a Referred User completing a Qualifying Sign Up (defined herein), we will send you an email containing a claim code for a Gift Card along with instructions on how to redeem your Gift Card. It is your responsibility to provide MileIQ with a current email address through the MileIQ Services in order to ensure timely receipt of any claim code. A "Qualifying Sign Up" means the first time a Referred User signs up for the MileIQ services and subscribes to an annual subscription and uses the Stripe™ payment processing option through the Services. Notwithstanding the foregoing, Referring Users will not be eligible to receive a Gift Card if we determine in our sole discretion that (i) the Referred User has previously signed up for an annual subscription account; (ii) if the Referred User cancels its annual subscription within 30 days of the Qualifying Sign Up; or (iii) if a Referring User has terminated its account within 30 days of the Qualifying Sign Up. Referring Users are not eligible to receive more than a total of 100 Gift Cards.

Referred User Discount. Subject to these Referral Terms, a Referred User will receive a 20% discount (the “Discount”) toward an annual subscription to MileIQ. Referred Users will be required to register and to accept our Terms of Service in order to use the MileIQ services and to take advantage of the Discount. The Discount shall only apply toward a Referred User’s first annual subscription fee, and without limiting the foregoing, will not apply to (I) subsequent renewal subscription fees; (ii) any subscription plan other than the annual plan, including the monthly subscription plan, or (iii) any other fees or charges which may apply to a Referred User’s use of the MileIQ services.

Restrictions and Limitations. We reserve the right to investigate any suspicious or inappropriate activity relating to the Referral Program. You may not engage in any fraudulent or deceitful behavior in connection with the Referral Program, including, without limitation, if you, directly or indirectly, offer any person a financial or other incentive to complete use your Referral Link or attempt to redirect traffic from, or divert Referral Rewards from, any other participant in the Referral Program. You may not use “bots”, “spambots”, “scrapers” or any program or means designed to automatically send your Referral Link to third parties, or attempt to use your own Referral Link by registering for an additional account with MileIQ. Referring Users and Referred Users will not be eligible to receive a Gift Card and a Discount, respectively, if such user violates these Referral Terms or the Terms of Service. We reserve the right, in our sole discretion, to delay the delivery of a Gift Card or the honoring of a Discount while we investigate your participation in the Referral Program or any use of a Referral Link.

Gift Cards. Gift Card amounts are in U.S. Dollars. Additional terms apply to your use of the Gift Card, which terms can be accessed here: https://www.tangocard.com/terms-of-service/

Non-Exclusive. The Referral Program is non-exclusive. You acknowledge and agree that we may, at any time, solicit customer referrals via any method in our sole discretion.

Termination or Suspension of Referral Program. You may stop participating in the Referral Program at any time. We may, in our sole discretion, suspend, limit, or terminate the Referral Program and terminate these Referral Terms and Conditions for any reason at any time, with or without providing notice to you. Termination of the Referral Program and these Referral Terms will not automatically result in the termination of our Terms of Service or your MileIQ account, unless otherwise specified by us. However, termination of our Terms of Service or your MileIQ account will result in the automatic termination of your participation in the Referral Program and termination of these Referral Terms. Upon termination of these Referral Terms, you must immediately cease all use of Referral Links, and any Gift Cards earned but unpaid as of the date of termination will remain payable, unless we terminate these Referral Terms for your breach of these Referral Terms or our Terms of Service. Provisions of these Referral Terms that, by their nature, should survive termination of these Referral Terms will survive termination of these Referral Terms.

Contact Us.
If you have any questions, comments, or concerns regarding these Referral Terms or the Referral Program, please contact us at support@mileiq.com