Terms of Service

Terms of ServiceEffective Date: March 28, 2017

This Terms of Service document (“Terms”) is a legal agreement between you and Text to Ticket, Inc. (the “Company” “we” or “us”), and governs how you may use and manage the Text to Ticket mobile application (the “App”) BY USING THE APP, YOU ACKNOWLEDGE AND AGREE TO OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE. If you choose not to agree with any of these terms, you may not use Text to Ticket. For all questions about how we use the information we obtain through your use of the App, please visit our Privacy Policy.

The Company reserves the right to take any action if it determines, in its sole and absolute discretion, that you have violated these Terms. Such action may include cancelling your account, terminating your license to use the App, or initiating civil or criminal legal proceedings. Any rights not expressly granted herein are reserved by the Company.

1. App Description.

For the purposes of these Terms, the App means all functionality associated with the Text to Ticket mobile application, which enables Text to Ticket users (“Users”) to transmit videos of drivers who are utilizing their cell phones while driving a vehicle in order to facilitate the issuance of a citation by local law enforcement, together with any future modifications and enhancements that may be provided by us. The Company reserves the right to modify or change the App, or any portion thereof, and any applicable policies or terms at any time, without notice. We may also modify, suspend, interrupt or terminate operation of or access to the App or any portion thereof, for any reason at any time, without notice. The app may be used for other code and parking enforcement services as well.

2. End User License Agreement (EULA).

(a) Our License to You: The Company hereby grants you a revocable, non-exclusive, nontransferable, limited right and license to access and use the App. The term of your License shall commence on the date that you create your account and will end if your account is terminated by either you or us. We reserve the right to immediately terminate your license if you use the App in breach of the terms set forth herein. The Company retains all right, title and interest in and to the App, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, and all other rights whether registered or not and all applications thereof. The App is protected by applicable laws and treaties worldwide, and may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from the Company.

(b) Your Agreements: You agree that we may copy, distribute, and share the videos you upload to local law enforcement officials, together with your personal information as set forth in our Privacy Policy. You are also granting us permission to utilize your videos in any other manner we choose. Such license that you are granting Text to Ticket is royalty-free, perpetual, irrevocable and fully sub-licensable.

3. Age Restriction.

The App is not intended for children under 13 years of age, and you may not use the App if you are under 13. You hereby represent and warrant that you are at least 13 years of age. If you are between the ages of 13 and 18, you must have parental consent to use the App, and any payments you may earn for videos you submit will only be paid to a payment account belonging to your parent or legal guardian.

4. License Prohibitions.

You may not do any of the following:

(a) Copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code of the App;
(b) Remove or obscure the copyright notice or other notices displayed on our website or the App;
(c) Interfere with or disrupt the App or our website, or servers and networks connected to them, or disobey any requirements, procedures, policies, or regulations of networks connected directly or indirectly to the App;
(d) Modify the App in any manner or form, or use modified versions thereof;
(e) Reproduce, print, cache, store or distribute any information or content belonging to Text to Ticket without our prior written permission;
(f) Sell, assign, sublicense, or otherwise transfer any right in the App;
(g) Collect or store personal data about other Text to Ticket users;
(h) Use the App to violate any law (whether local, state, national, or international).
(i) Disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code, programs or other similar technologies; or post any material that contains software viruses or any other computer code, files, programs or other similar technologies designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or
(j) Use the App while driving a vehicle.

6. Using the App.

To use the App, you must create an account by providing your full name, and email address, and creating a username and password. You are responsible for maintaining the confidentiality of your password. For instructions on how to use the App, click here.

(a) Videos and Payment. In order to receive payment for any video you submit, it must feature clear images of: (i) the driver of a vehicle using a cellphone while driving the vehicle; and (ii) the license plate of the vehicle. We reserve the right to reject any video you submit for any reason whatsoever, at our sole discretion. If your video is accepted, we will pay you in accordance with our posted penalties. If you are between the ages of 13 and 18, any payments you may earn for videos you submit will only be paid to a payment account belonging to your parent or legal guardian.

(b) Using the App While Driving: YOU ARE STRICTLY FORBIDDEN FROM USING THE APP WHILE DRIVING. If we determine that you are using the App while driving, your account will be immediately terminated and you will forfeit any payments due to you. Text to Ticket shall in no way be held liable for any property damage, injury, or death that may occur as a result of your using the App while driving as further set forth in these terms.

7. Privacy.

The Company is committed to protecting your privacy. Our use of your personal information is governed by the terms of our general Privacy Policy, which is made a part of these Terms by this reference. Except as set forth in the Privacy Policy, we will not sell, exchange, or release your personal information to a third party without your express permission, unless required by law or court or governmental order.

8. Assumption of Risk & Limitation of Liability.

You expressly agree to assume any and all risks that may be associated with using our App. In no event shall the Company be liable to you or any other party for any indirect, special, incidental, consequential, or punitive damages, however and wherever arising, that may result from the delivery or failure of the App, including without limitation to losses incurred due to: (a) any injuries, death, or property damage resulting from your use of the App; (b) software glitches, server failures, power outages, or any other issue beyond the Company’s control; (b) any delays in or failure of the App to operate as described; (c) any unauthorized disclosure of account information that may occur through the actions of any third party, such as hackers.

9. Indemnification:

You agree to defend, indemnify and hold the Company, together with its officers, directors, employees and agents, harmless, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the App; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your use of the App contributed to the any injuries, property damage, or death of a a third party. This defense and indemnification obligation will survive these Terms and your use of the App.

10. No Warranty:

the Company makes no representation or warranty that: (a) the App will be free of errors, bugs, or glitches, or that any such error, bug, or glitch will be corrected; (b) servers that house the System are free of viruses or other malicious code; and (c) any videos you transmit will be accepted for payment. THE APP IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTY WHATSOEVER. THE COMPANY PROVIDES NO WARRANTIES WHATSOEVER REGARDING THE ACCURACY, RELIABILITY, OR DELIVERY OF THE APP, AND HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY ARISING FROM COURSE OF DEALING, USAGE, OR TRADE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE.

11. Arbitration Agreement and Class Action Waiver.

You agree to arbitrate all disputes and claims that arise out of or relate to your use of the App. Therefore, you agree that, by using the App, YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY or to participate in any class action based on or involving claims brought in a purported representative capacity on behalf of the general public, other users, or other persons similarly situated.

This agreement to arbitrate includes, but is not limited to, any dispute, claim or controversy arising out of or relating to your use of the App. Any such dispute shall be determined by arbitration to be held in Singapore before one arbitrator. Any party to an arbitration proceeding may appear remotely by telephone or Internet. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

12. Choice of Law; Forum:

You agree that the App shall be deemed based in San Francisco, California and is housed on a passive server that does not give rise to personal jurisdiction over the Company, either specific or general, in any jurisdiction other than the state of California and the county of San Francisco. These Terms are subject to the laws of the State of California regardless of conflict of law rules, and any claim or dispute you may have against us, whether subject to mandatory arbitration or otherwise, must be brought in San Francisco, California. For any matters not subject to mandatory arbitration, you agree to submit to the personal jurisdiction of the courts located within California for the purpose of litigating all such claims or disputes. All claims filed or brought contrary to this section shall be considered improperly filed. Should you file a claim improperly, we may recover reasonable attorneys’ fees and costs, provided that we have notified you in writing of the improperly filed claim and you have failed to withdraw the claim promptly.

13. Limitation of Actions.

Any claim or cause of action arising out of your use of the App must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by the Company to enforce or exercise any provision of these Terms or any related right shall not constitute a waiver of that right or provision.

14. Modification and Notice of Changes:

We reserve the right to change, modify, add, or remove any element of the App and portions of these Terms, without advance notice to you. We will notify you of any changes to these Terms by posting the effective date of the change at the top of this page together with a link to previous versions. Except as stated elsewhere, such amended terms will be effective immediately and without further notice. Your continued use of the App after the posting of changes constitutes your binding acceptance of such changes.

15. Entire Agreement and Severability.

These Terms and any document incorporated by reference herein, together with the Privacy Policy, constitute the entire agreement between you and us and govern your use of the App, superseding any prior agreements between us. If any provision of these Terms is found by a court or other binding authority to be invalid, the remaining provisions contained in these Terms shall continue in full force and effect.

16. For Residents of Certain States.

If you are a California resident, by using the Site, you explicitly waive the rights granted to you under California Civil Code 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor." If you are a New Jersey resident, certain sections of this Terms of Use may not apply to you pursuant to the New Jersey Truth in Consumer Contract, Warranty, and Notice Act. Additional states may not allow an exclusion or limitation of liability, so the above limitation or exclusion may not apply to you.

17. For Certain Device Users:

The App may be available via the Apple App Store platform (for Apple devices) or the Google Play Store (for Android devices). Apple and Google shall be referred to collectively as “Platform Providers.” Regardless of whether you are using the IOS or Google version of the App, the following additional terms apply:

(a) These Terms is between you and the Company only, and not with the Platform Provider. The Platform Provider is not responsible for the App or its functions, and has no obligation whatsoever to furnish any maintenance or support services with respect thereto. All maintenance and support are the sole responsibility of the Company.

(b) In unlikely event of any failure of the App to operate in accordance with any applicable warranty, you may notify the Platform Provider, it will refund the purchase price; and to the maximum extent permitted by applicable law, the Platform Provider will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Your sole responsibility.

(c) The Platform Provider is not responsible for addressing claims brought by you or any third party that relate to the App, or your possession or use thereof, including (but not limited to): (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. The Company is solely responsible for addressing any such claims.

(d) In the event of any third-party claim that the App or your possession or use thereof infringes that third party’s intellectual property rights, the Company, and not the Platform Provider, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

(e) You expressly represent and warrant that 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 you are not listed on any U.S. Government list of prohibited or restricted parties.

(f) The Platform Provider and its subsidiaries are third party beneficiaries of these Terms, and the Platform Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

If you have any questions or concerns with respect to these Terms, please contact us.

Text To Ticket, Inc.
1200 Gough St., Unit 8B
San Francisco, CA 94109