Mobile Application Licensing Agreement
Please read this Mobile Application End-User License Agreement (“EULA”) carefully before downloading or using the Excelsior FHV Operators Risk Purchasing Group, Inc. (“Excelsior”) mobile application (“Mobile App”), which allows You to access Excelsior FHV Operators Risk Purchasing Group, Inc. internet-delivered accident reporting service (“Subscription Service”) from Your mobile device. This EULA forms a binding legal agreement between you (and any other entity on whose behalf you accept these terms) (collectively “You” or “Your”) and Excelsior (each separately a “Party” and collectively the “Parties”) as of the date you download the Mobile App. Your use of the Mobile App is subject to this EULA and Excelsior FHV Operators Risk Purchasing Group, Inc.’s privacy policies.
1. License. Excelsior grants You a revocable, non-exclusive, non-transferable, limited license to download, install, and use the Mobile App for Your personal and internal business purposes strictly in accordance with this EULA.
2. Your Account. Your use of the Mobile App requires that You have an account with Excelsior and agree to the terms of the EULA.
3. Changes to this EULA. Excelsior reserves the right to modify this EULA at any time and for any reason. If Excelsior makes material changes to this EULA, You will receive notification via the Mobile App. Notwithstanding the foregoing, You are responsible for complying with any updated terms. Your continued use of the Mobile App after Excelsior publishes notice of changes to this EULA indicates Your consent to the updated terms.
4. No Included Maintenance and Support. Excelsior may deploy changes, updates, or enhancements to the Mobile App at any time. Excelsior may provide maintenance and support for the Mobile App, but has no obligation whatsoever to furnish such services to You and may terminate such services at any time without notice. You acknowledge that neither Apple (for iOS Mobile App) nor Google (for Android Mobile App) has an obligation to furnish any maintenance or support services in connection with the Mobile App.
5. Acceptable Use. You agree that You will not use or encourage others to use the Mobile App or the Subscription Service as accessed through the Mobile App in a way that could harm or impair others’ use of the Mobile App or the Subscription Service. You also agree not to violate the usage limits or controls set forth by: (a) the App Store Terms of Service, for iOS users accessing the Mobile App on an Apple product, or (b) Google Play Terms of Service for Android users accessing the Mobile App on an Android product.
6. Privacy. In order to operate and provide the Subscription Service and the Mobile App, Excelsior may collect certain information about You, including technical and telemetry data related to your use of the Mobile App. We may use third party service providers to help us collect and analyze this data. Excelsior uses and protects that information in accordance with the Excelsior Privacy Notice (a current version of which can be found at: Legal
7. Consent to Electronic Communications and Solicitation. By downloading the Mobile App, You authorize Excelsior to send You (including via email and push notifications) information regarding the Subscription Service and the Mobile App, such as: (a) notices about Your use of the Subscription Service and the Mobile App, including notices of violations of use; (b) updates to the Subscription Service and Mobile App and new features or products; and (c) promotional information and materials regarding Excelsior’s products and services. You can review Your account notification settings and adjust Your messaging preferences, including opting-in to additional messages or unsubscribing to certain messaging through the device settings of your mobile device.
8. No Warranty. YOUR USE OF THE MOBILE APP IS AT YOUR SOLE RISK. THE MOBILE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Excelsior EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
The Mobile App is only available for supported devices and might not work on every device. Determining whether Your device is a supported or compatible device for use of the Mobile App is solely Your responsibility, and downloading the Mobile App is done at Your own risk. Excelsior does not represent or warrant that the Mobile App and Your device are compatible or that the Mobile App will work on Your device.
8.1 iOS Application. In the event of Excelsior’S failure to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the Mobile App. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO (A) THE MOBILE APP, AND (B) ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS, OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY.
8.2 Android Application. GOOGLE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
9. Suspension and Termination of the Mobile App. Excelsior reserves the right to suspend or terminate Your access to the Mobile App at any time based on the status of Your account. You understand that if Your account is suspended or terminated, You may no longer have access to the content that is stored within the Subscription Service.
10. Governing Law. This EULA shall be governed by and construed in accordance with the laws governing Your Insurance Agreement.
11. Legal. The Mobile App permits you to submit images directly from your mobile phone. Excelsior disclaims any legal responsibility for the content of the images and reserves the rights to delete the data from its databanks and/or notify any appropriate law enforcement agencies in accordance with State and Federal Law if any offending images are uploaded through the Mobile App.
12. Contact Information. If You have any questions regarding this EULA, please contact Excelsior by email at email@example.com, by phone at (212) 857-8200, or by mail at One Metro Tech Center, 7th Floor, Brooklyn New York, 11201.
13. Third Party Beneficiaries. This EULA is executed between You and Excelsior and not between you and any other party, including Apple for iOS users and Google for Android users. You agree that any claims brought by You arising out of this EULA or Your use of the Mobile App will not be made against Apple or Google, as applicable. Notwithstanding the foregoing, Your acceptance of this EULA allows Apple or Google, as applicable, to enforce this EULA against You as a third party beneficiary thereof. Excelsior is not responsible for any applicable third-party agreement between You and any third-party, including your wireless provider.
Last Updated January 16, 2020.