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Terms and conditions

1. ACCEPTANCE OF TERMS

XLTRO SOFTWARE DEVELOPMENT S.R.L. (“XLTRO”), registered entity in European Union, the developer and owner of Milez app for iOS and Android smartphones (“Milez”) is provided to you subject to the following Terms of Service Agreement (“Agreement”), which may be updated by XLTRO from time to time with notice to you. This “Agreement” can be found within the “Terms and Conditions” section on the Milez website. By accessing and using Milez, you accept and agree to be bound by the terms and provision of this Agreement. These terms and conditions are effective from July 27th 2016.

2. USE OF MILEZ

Milez is intended to monitor and collect data about usage of the smartphone of the user in countries around the world. Milez does not collect data about the destination, route or way of driving except for speed and distance. Milez user can be rewarded for each mile driven with Milez app on, calculation is done based on an algorithm property of XLTRO for not using the smartphone at a speed over 5 mph. Milez app works only when the user has started and made the application active before and while driving. The app saves the data when the user closes the app. If during the registration period, the user touches, swipes, interacts with the screen of the smartphone, closes or exits the app, the rewarded miles for the trip will be cancelled, implicitly will not be saved in the user’s Milez account. Data collected by Milez provided to users and have an informative character. The collected data are provided to XLTRO and its partners for improving the app user experience, usability and performance. Users should use common sense when driving and not change their driving patterns with the intent of affecting the data collected by Milez. Not only will this result in bad data, it may also result in damage to you or your vehicle. Tampering with the data collection methodology will result in cancellation of the Milez account and all the rewards will be void.

3. WHAT KIND OF INFORMATION MILEZ COLLECTS

The data collected by Milez is for both the operation of the app and enhancements to it. The data you submit through Milez is kept on a server. The user uses the Milez app to be rewarded for each mile driven when the user drives with more than 5 mph. The rewards are given according to a proprietary algorithm that takes into account the speed, the time and the travelled distance. Milez does not collect data about destination, route or way of driving.

Required Information for Operations:

Milez miles: Milez rewards the user with miles for not using the phone at a speed over 5 mph. At a predefined period the app is reading the GPS of the user’s smartphone. According to an algorithm property of XLTRO, each user save a a number of miles at the end of each trip. A trip is valid when the user is not exiting the Milez app during a trip where the app is registering a speed of more than 5 mph and until the speed drops under 5 mph. The app will send the saved data to the server at defined time intervals. Additionally, for each user Milez registers data with respect to the phone brand and model, operating system version. These data are used for diagnostic purposes on the performance of the app. Collected data for app improvement: The Milez app was developed for improving the experience of the users. The app helps us to anonymously collect:

  • Statistics about usage: these include how the app is used (e.g.: what functionalities are used most), frequency of usage;
  • Failed server uploads: these include data in regards to a failed upload to the server (e.g.: no Internet connection).

4. WHO SEES WHAT DATA

All the data about each user is saved in the user account and is accessible to the user. The account can be accessed via the Milez app and the collected data is: miles, earned money, trip history, first name, last name, date of birth, car brand, city and country.

5. INTERNATIONAL USAGE

Your data may be stored and processed in any country where we have facilities, and by using Milez you consent to the transfer of your Personal Information to countries, including United States of America and European Union, which may be outside of your country of residence and may provide for different and less stringent data protection rules than in your country. If you object to your data being transferred or used as described in this Policy, please do not use Milez.

6. CONTACTING US / REPORTING VIOLATIONS

If you have any questions or comments about this Policy or our privacy practices, or to report any violations of the Terms and Conditions or abuse of the Application, please contact us at hello@milezapp.com

7. REGISTRATION OBLIGATIONS

Each user has to create a Milez user account based on a Facebook, Google or Email account. Only one such account may be used on a certain device. Using more than one such account on the same device will be considered an untruthful usage of the app and may result in restrictions decided by XLTRO. By not enforcing this at at a certain moment does not mean that XLTRO may not decide to enforce it at its own discretion.

If you provide any information that is untrue, inaccurate, offensive, not current or incomplete, or if XLTRO has reasonable grounds to suspect that such information is untrue, inaccurate, offensive, not current or incomplete, XLTRO has the right to suspend or terminate your account and refuse any and all current or future use of Milez (or any portion thereof). The use of application(s) intended to provide fake GPS position, speed, accuracy or other similar fake GPS information is also considered a reason for termination of the account as detailed above. Milez app is developed such that the maximum number of miles saved can be collected in 1 day by one user account (for trips started in the timeframe of 00.00 AM to -11.59 PM hours as per local time) is 1,000 (one thousand) miles. Any user that presents more than 1,000 miles in a certain day will not be considered truthful and we reserve the right to reset the number of miles for that specific day.

If, for any reasons, the results of any action in the app are not the correct results as intended by XLTRO, adjustments may be operated at all times to reflect reality.

8. MEMBER CONDUCT

You agree to not use Milez to: a) submit Content that is false or inaccurate; b) submit Content that does not generally pertain to the designated topic or theme; c) submit or otherwise make available any Content that is unlawful, harmful, or otherwise objectionable; d) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; e) intentionally or unintentionally violate any applicable local, state, national or international law; f) “stalk” or otherwise harass another; or collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs (a) through (f) above. You acknowledge that XLTRO may or may not pre-screen Content that is shared, but that XLTRO and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via Milez. Without limiting the foregoing, XLTRO and its designees shall have the right to remove any Content that violates this Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge, consent and agree that XLTRO may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:

  • (i) comply with legal process;
  • (ii) enforce this Agreement;
  • (iii) respond to claims that any Content violates the rights of third parties;
  • (iv) respond to your requests for customer service;
  • (v) protect the rights, property or personal safety of XLTRO, its users and the public.

You may not trace any information of any other Milez user for the purpose of obtaining information of any other Milez user. You may not attempt to override or circumvent any of the usage rules embedded into Milez. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on Milez, in whole or in part, is strictly prohibited. You may not modify or create derivative works of Milez, decompile or reverse engineer Milez or otherwise attempt to create the source code from Milez, or in any way attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of Milez. You may not attempt to gain unauthorized access to Milez or the computer systems and networks connected to Milez through hacking, password mining, or any other means. You may not use any robot, spider, search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of Milez or any XLTRO content. You may not access, retrieve or index any portion of Milez for purposes of constructing a searchable database of data collected by Milez.

9. INTERSTATE NATURE OF COMMUNICATIONS ON MILEZ

When you use the application, you acknowledge that in using Milez, you will be causing communications to be sent potentially through a variety of networks (Internet service provider, wireless phone network, etc.) As a result, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, you agree that use of the Milez may result in interstate data transmissions.

10. COST OF USING MILEZ

The use of Milez is free of charge unless explicitly mentioned. Data communication of any kind (like GPS or MB’s) may be charged by your mobile subscription provider. Milez shall not be held liable for any charges by third parties caused by the use of Milez.

11. CONTENT SUBMITTED ON MILEZ

With respect to Content you submit on Milez, XLTRO may use, distribute, reproduce, modify, adapt, and publicly display such Content for the purposes of promoting or improving Milez or any other XLTRO related efforts. This right does not terminate.

12. SUBMISSIONS TO THE XLTRO

By submitting ideas, suggestions, documents, and/or proposals (“Submissions”) to Milez through its suggestion or feedback pages, you acknowledge and agree that: a) your Submissions do not contain confidential or proprietary information; b) Milez is not under any obligation of confidentiality, express or implied, with respect to the Submissions; c) Milez shall be entitled to use or disclose (or choose not to use or disclose) such Submissions for any purpose, in any way, in any media worldwide; d) Milez may have something similar to the Submissions already under consideration or in development; e) your Submissions automatically become the property of Milez and XLTRO without any obligation of XLTRO to you; f) you are not entitled to any compensation or reimbursement of any kind from XLTRO under any circumstances.

13. INDEMNITY

You agree to indemnify and hold XLTRO and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand (including reasonable attorneys’ fees) made by any third party due to or arising out of: a) Content you submit or otherwise make available through Milez, b) your use of Milez, c) your connection to Milez, d) your violation of this Agreement, e) your violation of any Rights of another.

14. NO COMMERCIAL REUSE OF MILEZ

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, Milez.

15. MODIFICATIONS TO MILEZ

XLTRO reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently Milez (or any part thereof) with or without notice. You agree that XLTRO shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Milez (or any part thereof).

16. TERMINATION

You agree that XLTRO may, without prior notice, immediately terminate, limit your access to or suspend your Milez service. Cause for such termination, limitation of access or suspension shall include but not be limited to: (a) breaches or violations of this Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to Milez (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in the XLTRO’s sole discretion and that XLTRO shall not be liable to you or any third party for any termination of your account, any associated email address, or access to Milez.

17. LINKS

XLTRO may provide links to other World Wide Web sites or resources. You acknowledge and agree that XLTRO is not responsible for the availability of such external sites or resources. Milez may facilitate your use of third party services not provided by the XLTRO (“Third Party Services”). XLTRO makes no representations or warranties regarding the performance of such Third Party Services, their compliance with applicable laws and regulations, or any other aspects of such Third Party Services. Your use of Third Party Services is at your own risk and you are solely responsible for complying with all legal and contractual requirements necessary for using Third Party Services.

18. THE XLTRO’S PROPRIETARY RIGHTS

You acknowledge and agree that Milez contains proprietary and confidential information that is owned by XLTRO and protected by applicable intellectual property and other laws. You will not use such proprietary information in any way whatsoever except for use of Milez in compliance with the provisions of this Agreement.

19. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: a) YOUR USE OF MILEZ IS AT YOUR SOLE RISK. THE APPLICATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. XLTRO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OF IMPLIES, INCLUDING, BUT NOT LIMITED TO THE IMLPIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b) XLTRO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT: (i). MILEZ WILL MEET YOUR REQUIREMENTS; (ii). MILEZ WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii). THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF MILEZ WILL BE ACCURATE OR RELIABLE; (iv). ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED; (v). MILEZ WILL BE FREE FROM CORRUPTION, VIRUSES, HACKING, OR OTHER SECURITY INTRUSION.

20. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT XLTRO SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATE OR OTHER INTANGIBLE LOSSES RESULTING FROM: a) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; b) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; c) ANY CONTENT OBTAINED FROM THE SERVICES; d) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT XLTRO HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU EXPRESSLY AGREE THAT XLTRO IS NOT RESPONSIBLE FOR ANY CONTACT OR INTERACTION BETWEEN YOU AND ANY OTHER USER OF MILEZ AND THAT YOU BEAR THE SOLE RISK OF TRANSMITTING THROUGH THE APPLICATION ANY CONTENT, INCLUDING INFORMATION WHICH IDENTIFIES YOU OR YOUR LOCATION. YOU AGREE THAT THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN XLTRO AND YOU AND THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED UPON ALLOCATION OF RISK BETWEEN YOU AND XLTRO. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THE LIMITATION OF LIABILITY XLTRO WOULD NOT PROVIDE MILEZ TO YOU. ADDITIONALLY, NO ALERT SENT BY THE MILEZ APPLICATION SHALL SERVE AS REASONABLE NOTICE OF A DEFECT OR WANT OF REPAIR SO AS TO MANDATE ACTION BY XLTRO UNDER ANY LAWS. XLTRO IS NOT RESPONSIBLE FOR ANY DAMAGE OR ANY INJURIES RESULTING FROM MILEZ USAGE. IN NO EVENT SHALL XLTRO, THE AUTHORS OR COPYRIGHT HOLDERS OF MILEZ, BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF, OR IN CONNECTION WITH THE SOFTWARE OF THE USE OR OTHER DEALINGS IN THE SOFTWARE.

21. NOTICE

XLTRO may provide you with notices regarding Milez, including changes to this Agreement, by email, SMS, text message, push notification, phone calls, postings on Milez website, posting on social network, or any other reasonable means now known or hereafter developed. Notices shall be effective immediately. Such notices may not be received if you violate this Agreement by accessing the Milez in an unauthorized manner. You agree that you will be deemed to have received any and all notices that would have been delivered had you accessed Milez in an authorized manner.

22. MINOR

You represent that you are 16 years of age or older and, if you are under the age of 16, you either are an emancipated minor, or have obtained the legal consent of your parent or legal guardian to accept and agree to be bound by the terms and provisions of this Agreement. If you have agreed to allow your minor child, or a child for whom you are legal guardian (“Minor”), to use Milez, you agree that you shall be solely responsible for: (a) the online conduct of such Minor, (b) monitoring such Minor’s access to and use of Milez, and (3) the consequences of any use of Milez by such Minor.

23. GOVERNING LAW AND VENUE

This Agreement is governed by the laws of the EU without regard to any conflict of law provisions. You agree that any claim or dispute with XLTRO relating in any way to your use of Milez shall be brought exclusively before a court sitting in Bucharest, Romania, and you irrevocably waive any jurisdictional, venue, or inconvenient forum objections to such courts.

24. MISCELLANEOUS

This Agreement constitutes the entire agreement between you and XLTRO with respect to your use of Milez, superseding any prior version of this Agreement between you and XLTRO with respect to Milez. If any provision of this Agreement shall be unlawful, void, or unenforceable, then that provision shall be deemed severed from this Agreement and shall not affect the validity or enforceability of the remaining provisions of this Agreement. XLTRO’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. You agree that any cause of action arising out of or related to your use of Milez must commence within 5 days after the cause of action accrues. Otherwise, such cause of action is permanently barred. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

25. COOKIE POLICY FOR MILEZ

What Are Cookies

As is common practice with almost all professional websites this site uses cookies, which are tiny files that are downloaded to your computer, to improve your experience. This page describes what information they gather, how we use it and why we sometimes need to store these cookies. We will also share how you can prevent these cookies from being stored however this may downgrade or 'break' certain elements of the sites functionality.

For more general information on cookies see the Wikipedia article on HTTP Cookies.

How We Use Cookies

We use cookies for a variety of reasons detailed below. Unfortunately in most cases there are no industry standard options for disabling cookies without completely disabling the functionality and features they add to this site. It is recommended that you leave on all cookies if you are not sure whether you need them or not in case they are used to provide a service that you use.

Disabling Cookies

You can prevent the setting of cookies by adjusting the settings on your browser (see your browser Help for how to do this). Be aware that disabling cookies will affect the functionality of this and many other websites that you visit. Disabling cookies will usually result in also disabling certain functionality and features of the this site. Therefore it is recommended that you do not disable cookies.

The Cookies We Set

If you create an account with us then we will use cookies for the management of the signup process and general administration. These cookies will usually be deleted when you log out however in some cases they may remain afterwards to remember your site preferences when logged out.

We use cookies when you are logged in so that we can remember this fact. This prevents you from having to log in every single time you visit a new page. These cookies are typically removed or cleared when you log out to ensure that you can only access restricted features and areas when logged in.

From time to time we offer user surveys and questionnaires to provide you with interesting insights, helpful tools, or to understand our user base more accurately. These surveys may use cookies to remember who has already taken part in a survey or to provide you with accurate results after you change pages.

In order to provide you with a great experience on this site we provide the functionality to set your preferences for how this site runs when you use it. In order to remember your preferences we need to set cookies so that this information can be called whenever you interact with a page is affected by your preferences.

Third Party Cookies

In some special cases we also use cookies provided by trusted third parties. The following section details which third party cookies you might encounter through this site.

This site uses Google Analytics which is one of the most widespread and trusted analytics solution on the web for helping us to understand how you use the site and ways that we can improve your experience. These cookies may track things such as how long you spend on the site and the pages that you visit so we can continue to produce engaging content.

For more information on Google Analytics cookies, see the official Google Analytics page.

Third party analytics are used to track and measure usage of this site so that we can continue to produce engaging content. These cookies may track things such as how long you spend on the site or pages you visit which helps us to understand how we can improve the site for you.

From time to time we test new features and make subtle changes to the way that the site is delivered. When we are still testing new features these cookies may be used to ensure that you receive a consistent experience whilst on the site whilst ensuring we understand which optimizations our users appreciate the most.

In some cases we may provide you with custom content based on what you tell us about yourself either directly or indirectly by linking a social media account. These types of cookies simply allow us to provide you with content that we feel may be of interest to you.

We also use social media buttons and/or plugins on this site that allow you to connect with your social network in various ways. For these to work the following social media sites including; Facebook, will set cookies through our site which may be used to enhance your profile on their site or contribute to the data they hold for various purposes outlined in their respective privacy policies.

More Information

Hopefully that has clarified things for you and as was previously mentioned if there is something that you aren't sure whether you need or not it's usually safer to leave cookies enabled in case it does interact with one of the features you use on our site. However if you are still looking for more information then you can contact us through one of our preferred contact methods.

Email: hello@milezapp.com

Terms and Conditions July 2016

Developed by: XLTRO SOFTWARE DEVELOPMENT S.R.L.

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