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Terms of Service


Please read this Licensed Application End User License Agreement (“Agreement”) carefully before installing ZabKab and/or ZabKab Driver (“Licensed Application”). Any use of the Licensed Application, including any revisions, modifications, enhancements, updates and/or upgrades thereto supplied by Flatiron Apps LLC (“Application Provider”), are and shall be, subject to the terms and conditions set forth in this Agreement. BY INSTALLING THIS APPLICATION AND/OR BY USING IT ON YOUR MOBILE DEVICE OR COMPUTER, YOU ARE ACCEPTING THIS AGREEMENT AND YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ZABKAB AND/OR ZABKAB DRIVER’S TERMS OF SERVICE AND PRIVACY POLICY, AND THAT YOU AGREE TO BE BOUND BY THEIR TERMS AND CONDITIONS.

If You do not agree to this Agreement, Terms of Service, and/or Privacy Policy, or if You are not willing to be bound by them, do not install the Licensed Application, and/or promptly erase the Licensed Application and any part thereof, from Your mobile device and do not use it in any manner whatsoever.

Your use of the Licensed Application through a third party distributor such as the Apple iTunes Store, Android Market or BlackBerry App World is also governed by the applicable current End User License Agreement (EULA), which is made available through the third party distributor with the understanding that if there is a conflict between any provision in these Terms of Use and the EULA, the conflicting provision in these Terms of Use will prevail.

The Products transacted through the Service are licensed, not sold, to You for use only under the terms of this license, unless a Product is accompanied by a separate license agreement, in which case the terms of that separate license agreement will govern, subject to Your prior acceptance of that separate license agreement. The Application Provider reserves all rights not expressly granted to You. The Product that is subject to this license is referred to in this license as the “Licensed Application.”

A. Scope of License. This license granted to You for the Licensed Application by Application Provider is limited to a non-transferable license to use the Licensed Application on any mobile device that You own or control and as permitted by the Usage Rules set forth in Section 9.b. of the App Store Terms and Conditions (the “Usage Rules”). This license does not allow You to use the Licensed Application on any mobile device that You do not own or control, and You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of the Application Provider and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Application Provider that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

B. Consent to Use of Data. You agree that Application Provider may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, peripherals, and geographic location, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Licensed Application. Application Provider may share this information with strategic partners pursuant to the terms outlined in the Privacy Policy.

C. Termination. The license is effective until terminated by You or Application Provider. Your rights under this license will terminate automatically without notice from the Application Provider if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.

D. Services; Third Party Materials. The Licensed Application may enable access to Application Provider’s and third party services and web sites (collectively and individually, "Services"). Use of the Services may require access to the internet and/or a mobile device, and You accept additional terms of service. You understand that by using any of the Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Services at Your sole risk and that the Application Provider shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable.

Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, You acknowledge and agree that the Application Provider is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. The Application Provider does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither the Application Provider, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or location data displayed by any Services.

You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that the Application Provider is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Services.

In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the mobile device are not available in all languages or in all countries. The Application Provider makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. The Application Provider, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will the Application Provider be liable for the removal of or disabling of access to any such Services. The Application Provider may also impose limits on the use of or access to certain Services, in any case and without notice or liability.

E. No Warranty. You expressly acknowledge and agree that use of the Licensed Application is at Your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with You. To the maximum extent permitted by applicable law, the Licensed Application and any services performed or provided by the Licensed Application (“Services”) are provides “as is” and “as available”, with all faults and without warranty of any kind, and Application Provider hereby disclaims all warranties and conditions with respect to the Licensed Application and any services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchant availability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. Application Provider does not warrant against interference with Your enjoyment of the Licensed Application, that the functions contained in, or services performed or provided by, the Licensed Application will meet Your requirements, that the operation of the Licensed Application or Services will be uninterrupted or error-free, or that defects in the Licensed Application or Services will be corrected. No oral or written information or advice given by Application Provider or its authorized representative shall create a warranty. Should the Licensed Application or Services provide defective, You assume the entire cost of all necessary servicing, repair or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer. So the above exclusion and limitations may not apply to You.

F. Limitation of Liability. To the extent not prohibited by law, in no event shall Application Provider be liable for personal injury, death, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to Your use or inability to use the Licensed Application, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if Application Provider has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to You. In no event shall Application Provider’s total liability to You for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

G. Indemnity. You agree to defend, indemnify, and hold harmless the Application Provider and its directors, officers, shareholders, licensors, employees, agents, and representatives, from and against all claims, losses, costs, damages, liabilities, and expenses (including but not limited to attorneys fees) arising out of any violation of the terms of this Agreement.

H. No Export. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Licensed Application, You represent and warrant that You are not located in any such country or on any such list. You also agree that You will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

I. Commercial Items. The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

J. Law and Jurisdiction. The laws of the State of New York, excluding its conflicts of law rules, govern this license and Your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws.

K. Network Charges. It is advised to have an appropriate flat-fee data plan if You are using the Licensed Application frequently. Depending on Your specific data plan and Your mobile operator or provider, You may be charged for the amount of data, SMS, MMS and air time You may consume via Your mobile handset when You download or access the Licensed Application or other services through the Licensed Application (hereinafter "Network Charges"). You are specifically being warned that Network Charges may be considerably higher when You are roaming outside Your home network. You hereby confirm that You have the sole responsibility to pay any such Network Charges and You specifically wave any claim towards any one of the Licensed Application vendors regarding Your Network Charges.

L. Driving Disclaimer. Drivers are forbidden to operate ZabKab Driver while driving. You have the full and sole responsibility to drive safely and carefully. You should always give priority to the traffic rules, traffic signs, traffic conditions and road conditions that apply in the specific area You are driving in. The laws concerning the use of a mobile device in a taxi vary from one country to another, and may also change. You are entirely responsible to check the relevant laws about using a mobile device in a vehicle in the countries where You use it.

M. Ad-Sponsorship. ZabKab and ZabKab Driver may at any point be offered to You as an ad-sponsored service. We may choose to make reasonable efforts to find advertisers and sponsors that may sponsor some of the service cost. Such sponsorship may result in a cost reduction to You as may be published by us from time to time. Accordingly, we reserve the right to display ads and sponsorship messages in front of You while You are using the service. A special effort will be made to display such advertisements and sponsorship messages in idle moments of use, so that Your overall user experience will be enhanced by such messages.

N. Payment Terms. Subscription fees for the Licensed Application are posted on www.zabkab.com. The License Provider, at its sole discretion, may make promotional offers with different features and different rates to any of our customers. These promotional offers, unless made to You, shall have no bearing whatsoever on Your offer or contract. The License Provider may change the fees for the Service as deemed necessary.

O. Refund Policy. License Provider offers a free promotional period for use of the ZabKab Driver app. Once You subscribe to the Licensed Application, You may choose to make payments on a monthly, quarterly, semi-annual, or annual basis. Once a subscription payment has been made, You will not be entitled to a refund, in whole or in part, for canceling Your subscription early. You may cancel Your subscription at any time through Your account at http://www.zabkab.com. This no refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate your usage, disruption of Service either planned, accidental or intentional, or for any reason whatsoever.

P. Application Provider Contact Information.
User questions or concerns regarding the Licensed Application should be directed to:
Flatiron Apps LLC, 85 Fifth Avenue, 3rd Floor, NY, NY 10003
(855) 212-2777 | support@zabkab.com | Your Account

License Provider encourages You to periodically check this page of the website for news and updates.

Last Updated October 31, 2013

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