myCarCaptain

Terms of Service Summary

Before you begin, here is a plain-English summary of our key terms. This summary is provided for convenience; please read the full document below for the complete binding agreement.

• Experimental Status: The Service is currently in a Pre-Launch (Beta) phase. It is provided "as is" and you are responsible for maintaining your own backups of all data.
• AI Disclaimer: All maintenance alerts and insights are generated by Artificial Intelligence. These are for educational purposes only. Always verify AI insights against your vehicle's Owner’s Manual. The Service is not a substitute for professional mechanical advice.
• Subscription & Refunds: Once we transition to a paid service, all subscriptions will auto-renew. We operate a No Refunds policy. You can cancel at any time via your Account Settings.
• Data Stewardship: You own your raw maintenance logs. By using the app, you allow us to use anonymized data (data with all personal identifiers removed) to improve our AI models and service.
• Advertisements: The Essential version of the app is supported by advertising. We do not endorse the products or services shown in these ads, and your raw personal data is never sold to advertisers.

Terms of Service

1. Acceptance of Terms

By accessing or using myCarCaptain (the “Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you may not use the Service.

These Terms constitute a binding legal agreement between you, the user (“you,” “your”), and Thrapp Digital LLC (“Thrapp Digital,” “we,” “our,” or “us”), a limited liability company organized and existing under the laws of the State of New Jersey.

We reserve the right to update or modify these Terms at any time. We will post changes to the official URL: https://mycarcaptain.com/terms-of-service. Your continued use of the Service after changes are posted constitutes your explicit acceptance of those new Terms.

2. Service Description and Pre-Launch Status

The Service is a platform designed to help users track and manage vehicle information. Features provided may include, but are not limited to:

• Maintenance and fuel log tracking from user input.
• Alerts and reminders based on input data and generative AI processing.
• AI-generated insights based on user-provided data and public data (e.g., NHTSA) These insights are for educational and informational purposes only and do not constitute professional advice.

The Service is provided “as is” and “as available” and may change, be suspended, or be terminated without prior notice.

Pre-Launch Disclaimer: You acknowledge that the Service is currently in a pre-launch, informational phase (often referred to as "Alpha" or "Beta"). During this phase, access is provided at no cost, and we make no guarantees regarding uptime, data integrity, or feature persistence.

• Experimental Nature: You acknowledge that the Service may contain bugs, errors, incomplete features, and that features may be added, modified, or removed without notice.
• No Liability for Data: We are not liable for the loss, corruption, or deletion of any data entered during the Pre-Launch Phase. You are encouraged to maintain independent backups of your records.
• Transition to Paid Service: Following the conclusion of the Pre-Launch Phase ("Go-Live"), Thrapp Digital may transition the Service to a paid subscription model. Your current access does not guarantee future free access, and you will be given the option to subscribe to a paid tier to continue using the Service at that time.

3. User Obligations and Eligibility

• Eligibility: You must be at least 18 years old and possess the full legal capacity and authority to enter into this binding agreement.
• Accuracy: You are solely responsible for the accuracy, truthfulness, and completeness of all data you input into the Service.
• Compliance: You agree not to use the Service for any unlawful purpose or in violation of any applicable local, state, federal, or international laws.
• Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
• Authorized Users and Data Sharing Responsibility:
• Sole Responsibility for Users: You are solely responsible for all individuals you invite or authorize to access your vehicle data ("Authorized Users").
• Access Granted: You acknowledge and agree that, by inviting an Authorized User, you grant them access to perform the following actions, and you bear all risk and liability for their actions:
• View Vehicle Data: Access all maintenance records, fuel logs, and AI insights related to the shared vehicle(s).
• Data Management: Add, edit and delete maintenance and fuel log entries.
• Data Import/Export: Import fuel log data and download vehicle reports, which may contain sensitive personal and usage data.
• Liability: You are responsible for ensuring that all Authorized Users comply with these Terms, and you agree that any breach of these Terms by an Authorized User will be treated as a breach by you.

4. Fees, Payments, and Subscriptions

Subscription Cycle: By signing up for a monthly subscription, you authorize Thrapp Digital (via our third-party processor, Stripe) to charge your provided payment method on a recurring monthly basis.

Automatic Renewal: Your subscription will automatically renew at the end of each billing cycle unless you cancel it through your account settings or by contacting us at hello@thrappdigital.com.

Price Changes: We reserve the right to change our subscription fees. We will provide at least 30 days' notice of any price changes via the email associated with your account.

No Refunds: Except as required by law or specifically stated otherwise, all subscription fees are non-refundable. If you cancel, you will retain access to the Service until the end of your current billing period.

Subscription Cancellation: You may cancel your myCarCaptain subscription at any time. To avoid being charged for the next billing cycle, you must cancel your subscription at least 24 hours before your next scheduled renewal date.

How to Cancel: You can manage or cancel your subscription directly through the "Account Settings" menu within the application or via the Stripe Customer Portal linked in your account.

Effect of Cancellation: Upon cancellation, you will continue to have access to the paid features of the Service until the end of your current billing period. At the end of that period, your access will transition to the free/limited tier (if available) or be suspended.

Refund Policy: To keep our pricing competitive and reflect the immediate availability of our AI-driven tools, Thrapp Digital LLC operates under a No Refunds policy.

Final Sale: All subscription fees are non-refundable. We do not provide credits, refunds, or prorated billing for subscriptions that are cancelled mid-month.

Exception for Technical Errors: If you were double-charged due to a technical error on our part or by our payment processor (Stripe), please contact hello@thrappdigital.com with your transaction details. We will investigate and, if verified, issue a correction.

Statutory Rights: This policy does not override any mandatory consumer protection laws in your local jurisdiction that may require a specific "cooling-off" period for digital services.

Chargebacks and Disputes: We encourage users to contact us directly to resolve any billing issues. We view unauthorized chargebacks as a violation of our Terms of Service. In the event of an unjustified chargeback, Thrapp Digital LLC reserves the right to permanently terminate the user’s account and access to all digital assets.

5. Data Ownership, License, and Privacy

This section distinguishes between the raw data you enter and the derivative data the Service creates.

• User Data Ownership: You retain ownership of the raw, identifiable maintenance records and fuel logs you enter.
• License Grant: By inputting data, you grant Thrapp Digital a worldwide, royalty-free, perpetual, irrevocable, and non-exclusive license to use, reproduce, modify, adapt, publish, distribute, and display your data (both identifiable and anonymized) for the purposes described in these Terms and the Privacy Policy.
• Anonymized Data Ownership: You acknowledge and agree that anonymized and aggregated data (data that cannot reasonably be linked back to you) is the exclusive property of Thrapp Digital LLC and may be used without restriction for commercial and research purposes.
• Data Retention and Anonymization Process:
• Anonymization Action: You may actively anonymize your data through the settings provided in the Service.
• Data Stripped: When you anonymize your vehicle data, identifiers such as VIN, license plate, nickname, user identifiers, fuel log notes, receipt photos, and maintenance documents are deleted.
• Commitment: Once data is officially anonymized, it is permanently stripped of its connection to you, and we commit to upholding that separation and will not attempt to re-identify the anonymized data.
• We may share anonymized or aggregated data with third-party advertising partners to facilitate the delivery of relevant advertisements within the Essential tier of the Service. Please refer to our Privacy Policy for details on how you can manage your ad preferences and opt-out of certain tracking technologies.

Please review our Privacy Policy at https://myCarCaptain.com/privacy for details on how we collect, use, and protect your identifiable information.

6. AI and Data Disclaimer

• Nature of Insights: Insights provided by the Service are generated by Artificial Intelligence (AI) models that process user data and publicly available information (e.g., NHTSA). You acknowledge that AI-generated insights are only as accurate as the underlying third-party data and user inputs, and Thrapp Digital LLC is not responsible for errors originating from these external sources.
• Risk of Errors: AI may make errors, omissions, hallucinations, or misinterpretations. These insights are for informational and educational purposes only.
• User Responsibility for Verification: You explicitly agree that you are solely responsible for verifying any AI-generated information, maintenance schedules, or alerts against your vehicle’s official Owner’s Manual and original manufacturer (OEM) specifications. The Service is not a substitute for professional advice from a certified mechanic, technician, or the vehicle manufacturer.
• Assumption of Risk: You understand and agree that you assume full responsibility and risk for any decisions, actions, or omissions made based on the AI-generated insights provided by the Service.

7. Third-Party Services

The Service may provide links to, or integrate with, third-party websites, databases, or services (including, but not limited to, the National Highway Traffic Safety Administration (NHTSA) and vehicle manufacturer portals).

• No Control: Thrapp Digital LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party services.
• Accuracy of External Data: We do not warrant the accuracy, completeness, or timeliness of data retrieved from third-party sources. Your reliance on such data is at your own risk.
• No Endorsement: The inclusion of any third-party link or data integration does not imply an endorsement or affiliation by Thrapp Digital LLC. You are encouraged to review the terms and privacy policies of any third-party site you visit.

8. Intellectual Property

All proprietary content, trademarks, trade dress, technology, algorithms, and source code used in the Service (excluding your raw data) are the exclusive property of Thrapp Digital LLC or its licensors. You are granted a limited, non-transferable, non-sublicensable license to use the Service strictly for your personal, non-commercial purposes, subject to these Terms.

Feedback: If you provide any suggestions, ideas, or feedback ("Feedback") to us, you hereby assign to Thrapp Digital LLC all right, title, and interest in and to the Feedback. We are free to use such Feedback without any restriction or obligation to compensate you.

9. Copyright Infringement (DMCA Notice)

Thrapp Digital respects the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act (DMCA), if you believe that any content on the Service infringes upon your copyright, please submit a written notice to our designated agent containing the following:

1. A physical or electronic signature of the copyright owner or authorized representative;

2. Identification of the copyrighted work claimed to be infringed;

3. Identification of the infringing material to be removed;

4. Your contact information (address, telephone number, and email);

5. A statement that you have a "good faith belief" that the use is not authorized; and

6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner.

DMCA Notices should be sent to:

Thrapp Digital LLC

Attn: Copyright Agent

Email: legal@ThrappDigital.com

10. Advertisements and Third-Party Content

The Essential version of the Service may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Service, queries made through the Service, or other information.

• No Endorsement: The manner, mode, and extent of advertising by Thrapp Digital LLC on the Service are subject to change without specific notice to you.
• Third-Party Links: Advertisements may contain links to third-party websites. You acknowledge that Thrapp Digital LLC is not responsible for the availability, content, or accuracy of such external sites or resources.

11. Restrictions on Use

You expressly agree not to:

• Reverse engineer, decompile, copy, or distribute the Service or any of its content.
• Use automated tools (e.g., bots, spiders, scrapers) to access, monitor, or copy any part of the Service without our written consent.
• Introduce viruses, worms, or any malicious code or interfere with the security or operation of the Service.
• Exploit the Service for any commercial purpose (including reselling access) without our prior express written permission.

12. Disclaimer of Warranties

The Service is provided “AS IS” and “AS AVAILABLE.” Thrapp Digital disclaims all warranties, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be accurate, reliable, or available at any particular time or location.

Thrapp Digital LLC does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service.

13. Limitation of Liability

To the maximum extent permitted by applicable law, Thrapp Digital shall not be liable for any indirect, incidental, punitive, special, consequential, or exemplary damages, including but not limited to, damages for lost profits, lost revenue, lost data, or business interruption, arising from your use or inability to use the Service. Thrapp Digital is not liable for any losses or damages resulting from errors, unauthorized access, or service interruptions caused by our third-party payment processor (Stripe). In no event shall our total liability to you exceed the amount you paid us to use the Service in the twelve (12) months preceding the claim or one hundred dollars ($100.00), whichever is greater.

14. Indemnification

You agree to indemnify, defend, and hold harmless Thrapp Digital and its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your access to or use of the Service, (b) your violation of these Terms, or (c) any data you submit to the Service.

15. Termination

• Thrapp Digital reserves the right to suspend or terminate your access to the Service, with or without notice, at any time and for any reason, including, without limitation, for breach of these Terms. Upon termination, your right to use the Service will immediately cease. If your account is terminated for a breach of these Terms, you will not be entitled to a refund for any unused portion of your subscription.
• Upon termination, Thrapp Digital may, but is not obligated to, delete and anonymize your User Data in accordance with our data retention policies.

16. Dispute Resolution and Governing Law

• Governing Law: These Terms are governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law principles.
• Binding Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved exclusively by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.
• Class Action Waiver: You agree that any arbitration or proceeding shall be conducted solely on an individual basis and not in a class, consolidated, or representative action. You expressly waive the right to participate in a class action or class-wide arbitration.

17. Miscellaneous

• Entire Agreement: These Terms constitute the entire agreement between you and Thrapp Digital concerning the Service. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

18. Contact Information

Thrapp Digital LLC

Attn: Terms Administrator

Email: legal@ThrappDigital.com

Website: https://www.ThrappDigital.com