Thank you for your interest in recurrentauto.com (the “Recurrent Site”), owned and operated by Recurrent Motors, Inc. (“Recurrent,” “we,” or “us”). These Terms of Service explain the terms and conditions by which you may access and use the Recurrent Site and the services we provide in connection with the Recurrent Site (collectively, the Recurrent Site and related services are referred to as the “Service”). By accessing or using the Service, or by clicking a button or checking a box marked “I Agree” (or something similar), you certify that you have read, understood, and agree to be bound by these Terms of Service (this “Agreement”or “Terms”) and to the collection and use of your information as set forth in our Privacy Policy (www.recurrentauto.com/privacy). These Terms include all service-specific terms and conditions which appear below.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES ALL DISPUTES TO BE RESOLVED ON AN INDIVIDUAL BASIS BEFORE A JUDGE, RATHER THAN THROUGH A JURY TRIAL OR CLASS ACTION (SEE SECTION 10).
RECURRENT RESERVES THE RIGHT TO CHANGE, MODIFY, OR DISCONTINUE ANY FEATURE OF THE SERVICE AT ANY TIME WITHOUT NOTICE TO YOU.
1. License Grant. Recurrent grants to you a limited, personal, non-exclusive, non-transferable license to access and use the Service subject to these Terms, including without limitation the restrictions set forth in Section 2, below.
2. Restrictions. You agree not to engage in any of the following actions: (a) using robots, spiders, or data mining or extraction tools or collect or process information from the Service or engage in any web scraping, screen scraping, or other similar practices to access the Service or any information or data accessible from or through the Service; (b) using any automated system to access the Service in a manner that sends more request messages to the Recurrent servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Recurrent grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from the Recurrent Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (c) copying, distributing, or disclosing any part of the Service in any medium (d) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (d) uploading viruses, worms, or other software agents through the Service; (e) using the Service for any commercial solicitation purposes; (f) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (g) interfering with the proper working of the Service; or (h) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation measures intended to prevent or restrict use or copying of any content or enforce limitations on use of the Service.
3. Termination. Recurrent reserves the right to suspend or terminate access to and use of the Service at any time for any reason or no reason at all.
4. Content; Ownership. As between Recurrent and you, Recurrent retains ownership of the Service and all information, data, materials and content made available on or through the Service, excluding any information, data, materials or content you submit or otherwise make available to Recurrent (“Customer Content”). You acknowledge that the Service contains or uses copyrighted material, trademarks, service marks, database rights, and other proprietary information and that except as expressly set forth in Section 1 of these Terms, nothing in these Terms or your access to or use of the Service grants to you any license or other right with respect to the Service or any trademark, patent, copyright, trade secret or other intellectual property right of Recurrent. As between Recurrent and you, you retain ownership of your Customer Content. Notwithstanding the foregoing, Recurrent may analyze and aggregate your personal data (including information relating to your vehicle and your use of the Service) for the purpose of providing, maintaining, and improving the Service, and otherwise for Recurrent's internal use, in accordance with the Recurrent Privacy Notice.
5. INDEMNIFICATION. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS RECURRENT FROM ANY AGAINST ANY THIRD PARTY CLAIMS OR LOSSES (INCLUDING COSTS, EXPENSES AND ATTORNEY FEES) ASSERTED AGAINST RECURRENT ARISING DIRECTLY OR INDIRECTLY FROM YOUR BREACH OF THIS AGREEMENT OR YOUR USE OF THE SERVICE OTHER THAN AS EXPRESSLY PERMITTED IN THIS AGREEMENT.
6. LIMITATIONS OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, RECURRENT’S ENTIRE LIABILITY FOR ANY BREACH OF THIS AGREEMENT OR OTHERWISE IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE SERVICES SHALL IN NO EVENT EXCEED THE FEES YOU HAVE PAID TO RECURRENT FOR YOUR USE OF THE SERVICE. IN NO EVENT SHALL RECURRENT HAVE ANY LIABILITY FOR ANY SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES IN CONNECTION WITH THIS AGREEMENT OR YOUR ACCESS TO OR USE OF THE SERVICE.
7. WARRANTY DISCLAIMER. RECURRENT DOES NOT GUARANTEE OR ASSURE YOUR ACCESS TO THE RECURRENT SERVICE, DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY OR ACCURACY OF ANY INFORMATION, DATA, MATERIALS OR CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE, AND SHALL NOT BE LIABLE FOR ANY DELAY OR FAILURE TO MAKE AVAILABLE THE SERVICE. RECURRENT SHALL HAVE NO LIABILITY FOR ANY ERRORS, INACCURACIES OR OMISSIONS IN ANY INFORMATION, DATA, MATERIALS OR CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE. RECURRENT PROVIDES THE SERVICE TO YOU "AS IS", AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
8. Modification of Terms. Recurrent may modify, revise, supplement, or otherwise amend the Terms at any time. The changed Terms shall be effective as of the date Recurrent posts such Terms to the Recurrent Site. Your use of the Recurrent Site after the date of posting shall constitute your acceptance of all changes.
9. Assignment. You may not assign any rights or duties under these Terms without Recurrent’s prior written consent. Recurrent may assign its rights and duties under these Terms at any time and without notice to you.
10. Governing Law; Disputes. These Terms and any disputes between you and Recurrent in connection with these Terms and the Service shall be governed by the internal laws of the State ofWashington without regard to its conflict of law provisions. You and Recurrent agree to submit any claims or disputes relating to these Terms and the Service to the personal and exclusive jurisdiction of the state or federal courts located within King County, Washington. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND RECURRENT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
11. Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Recurrent Site or to receive further information regarding use of the Recurrent Site
12. General Terms
12.1. These Terms, including all other terms, conditions and policies referenced and incorporated herein, constitute the entire agreement between you and Recurrent and completely replace any prior agreements between you and Recurrent related to the Service.
12.2. You agree that if Recurrent does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Recurrent has the benefit of under any applicable law), this will not be deemed a waiver of any such rights or remedies, and that those rights or remedies will still be available to Recurrent.
12.3. If any provision of these Terms is deemed to be unlawful or unenforceable, that shall not affect the validity and enforceability of the remaining provisions.
12.4. The Recurrent Site is intended for visitors located within the United States. Recurrent makes no representation that the Recurrent Site is appropriate or available for use outside of the United States. Access to the Recurrent Site from countries or territories or by individuals where such access is illegal is prohibited.
12.5. In the event of termination of these Terms for any reason, you agree that the following provisions will survive termination: Sections 2, 4, 5, 6, 7, 10 and 11.
__________
SERVICE SPECIFIC TERMS AND CONDITIONS
Recurrent Consumer Terms
Recurrent is developing machine learning algorithms to predict future battery life and range across all EV models. We are assembling a broad panel of current EV drivers who are willing to share anonymous access to their vehicle data over time, so Recurrent can observe battery state and range estimates in a variety of weather conditions and driving situations.
Individual consumers may participate in One-time Reports or Monthly Reports (each a “Report”). If you elect to participate in either the One-time Reports or Monthly Reports, you agree to these Recurrent Consumer Terms.
1. Eligibility to Participate. A list of supported EV models can be found on the eligibility page for One-time Reports and Monthly Reports. To receive Monthly Reports, you will need an active connected services account with the vehicle manufacturer (such as Nissan Connect EV, BMW Connected Drive, Tesla’s API, etc.) to participate. We double check your car’s eligibility as part of the signup process.
2 Enrollment Process.
2.1. Smartcar is a third-party data service that enables Recurrent to obtain data about your EV for Monthly Reports. As part of the signup process for Monthly Reports, you will be required to agree to Smartcar’s terms and privacy policy and provide Smartcar with the login credentials you use to access your car’s connected services account. We recommend that you review Smartcar’s terms and privacy policy. Recurrent does not endorse, guarantee or make any warranty regarding the products or services provided by Smartcar or any other third-party products or services, and Recurrent does not assume any responsibility for any third-party services, including the Smartcar service.
2.2. You will be required to authenticate your car by selecting your car’s manufacturer and logging in with your car’s connected services account. Once you authenticate your car, you will be presented with a list of data about your vehicle that Recurrent will be allowed to access, which may include: VIN, current odometer, current state of charge, current charging status, and current range estimate. After you agree to allow Recurrent access to the specified data and click the “Connect Your Car” button, you will receive a confirmation email from Recurrent. Thereafter, Recurrent will typically make data requests 1-3 times per day to build up a historical profile. Data about your vehicle that qualifies as Personal Data will be processed in accordance with our Privacy Notice (www.recurrentauto.com/privacy).
3. Reports.
3.1. During your participation in Monthly Reports, Recurrent will periodically send you battery comparison reports. One-time Reports are only delivered after submitting the required information as part of the signup or new report process. Recurrent will provide the Reports to you via email, or via a link accessible in an email.
3.2. These Reports are created using the aggregated data that Recurrent obtains from all research panel participants, as well as publicly available data about EV’s provided by third parties. The Reports provide an estimate of your EV’s battery health. However, because the information on which the Reports are based is obtained from a number of third-party sources, RECURRENT MAKES NO WARRANTIES ABOUT THE INFORMATION CONTAINED IN THE REPORTS, WHICH MAY CONTAIN ERRORS AND OMISSIONS. THEREFORE, YOU SHOULD NOT RELY ON THE INFORMATION IN THE REPORTS FOR ANY PURPOSE, INCLUDING WITHOUT LIMITATION, NAVIGATION OR TRIP PLANNING. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE REPORTS.
3.3. One-time Reports and Monthly Reports are provided solely for your personal use and may not be used for any commercial purpose. Without limiting the foregoing, and except as expressly permitted below in this Section 3.3, you agree not to: modify, copy, publish, retransmit, sell, compile, or transfer any report or any information set forth in a Report; (ii) create any derivative works from a Report; (iii) remove, obscure or modify any trademark, copyright, or any other notice set forth on a Report. Notwithstanding the foregoing, you may provide a copy of a Report to a third-party potential purchaser in connection with your proposed sale of the vehicle which is the subject of the Report to such third-party.
4. Privacy; Security. As part of the One-time Report or Monthly Report signup process, we ask for your home zip code and typical daytime and overnight parking locations (inside or outside) to determine the typical temperatures your vehicle is exposed to, as that is important information for battery health analysis. But we do not track where you’re driving, just the battery’s state and your overall mileage. Recurrent does not store your login credentials. Recurrent receives a unique authorization token from Smartcar via an industry-standard protocol known as OAuth 2.0. That token is only able to access data that was explicitly authorized by you (the owner) during the connection process. Your credentials and authorization token are transmitted using end-to-end 256-bit encryption. For the complete terms governing Recurrent’s collection, use, processing and disclosure of your information, please review the Recurrent Privacy Notice (www.recurrentauto.com/privacy).
5. Termination. You can stop your participation in the Recurrent panel at any time and revoke our authorization to continue collecting data about your EV any time by selecting Remove on your Vehicle Dashboard page. We may discontinue the Recurrent panel at any time, for any reason or no reason, in our sole discretion, with or without notice. If you choose to stop participating in the Recurrent panel, or we discontinue the Recurrent panel, we will stop sending you battery reports.
