MOBILE APP LICENSING AGREEMENT 

This Mobile App Licensing Agreement ("Agreement") is made and entered into between Swerve Industries ("Licensor"), located at 140 W 10th Ave, Denver, CO 80204, and the Swerve Repair End User ("Licensee"). 

 

1. Grant of License 

Licensor hereby grants Licensee a non-exclusive, non-transferable, revocable license to download, install, and use the Swerve Repair mobile application ("App") solely for personal or internal business purposes, subject to the terms and conditions set forth in this Agreement. 

2. License Restrictions 

Licensee agrees that they will not: 

  • Copy, modify, or create derivative works of the App; 

  • Distribute, sell, lease, sublicense, or otherwise transfer the App to any third party; 

  • Reverse engineer, decompile, or disassemble the App, except to the extent expressly permitted by applicable law; 

  • Remove, alter, or obscure any proprietary notices or labels on the App. 

 

3. Intellectual Property Rights 

The App and all related intellectual property rights are and shall remain the exclusive property of Licensor. Licensee acknowledges that no ownership rights are being conveyed under this Agreement and that Licensor retains full ownership of the App and any associated intellectual property. 

 

4. User Obligations 

Licensee agrees to: 

  • Comply with all applicable laws and regulations while using the App; 

  • Not use the App for any unlawful or prohibited activities; 

  • Promptly report any security vulnerabilities or breaches to Licensor. 

 

5. Payment Terms 

  1. Pricing: The App generates quotes for repair and transit costs. Quotes are not final until the vehicle is picked up. Licensee will be invoiced for repair estimates at the time of service completion. 

  1. Payment Processing: Payments will be processed through SquareSpace POS. 

  1. Subscription Renewal: Swerve is free for all users to download from the app store. Swerve Plus is available for $100 per year (365 days) and includes two services per year and a discount on repairs. After the second service in the subscription year, additional services will be charged at $25 each. 

  1. Cancellation: Subscription cancellations can be managed through the App. No refunds will be provided for unused portions of the subscription. 

  1. Changes to Pricing: Licensor reserves the right to change pricing at any time. Any price changes will be communicated in advance and will apply to future purchases or renewals. 

  1. Refunds: All sales and subscriptions are final. No refunds will be issued for purchases or services rendered. 

 

6. Term and Termination 

This Agreement shall commence on the date Licensee first downloads or uses the App and shall continue until terminated by either party. Licensor may terminate this Agreement immediately if Licensee breaches any term of this Agreement. Upon termination, Licensee must cease all use of the App and delete all copies of the App from their devices. 

 

7. Updates and Maintenance 

Licensor may, but is not obligated to, provide updates, enhancements, or maintenance for the App. Any such updates shall be subject to the terms of this Agreement. 

 

8. Privacy and Data Security 

Licensee’s use of the App is governed by Licensor’s Privacy Policy, which is incorporated by reference into this Agreement. By using the App, Licensee agrees to the terms of the Privacy Policy [Privacy Policy]. 

 

9. Limitation of Liability 

To the maximum extent permitted by law, Licensor shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, data, goodwill, or other intangible losses, whether incurred directly or indirectly, arising from: 

  • Licensee’s use or inability to use the App; 

  • Any unauthorized access to or use of Licensor's servers or any personal information stored therein; 

  • Any bugs, viruses, trojan horses, or other harmful code transmitted through the App; 

  • Any damages to the vehicle or repairs due to Auto Shop's actions or negligence. 

Please Note: Licensor is not responsible for damages or issues that arise from the repair work performed by third-party auto shops, nor is it liable for damages noted prior to service. 

 

10. Warranties and Disclaimers 

The App is provided "as is" and "as available," without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Licensor does not warrant that the App will be uninterrupted or error-free. 

 

11. Governing Law and Dispute Resolution 

This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law principles. Any disputes arising out of or relating to this Agreement shall be resolved through binding arbitration in Colorado, in accordance with the rules of the Colorado Arbitration Association. 

 

12. Miscellaneous Provisions 

  1. Assignment: Licensee may not assign or transfer this Agreement without the prior written consent of Licensor. 

  1. Entire Agreement: This Agreement constitutes the entire understanding between the parties regarding the App and supersedes all prior agreements and understandings, whether written or oral, relating to the subject matter hereof. 

  1. Severability: If any provision of this Agreement is found to be unenforceable, the remaining provisions will continue in full force and effect. 

  1. Amendments: Licensor reserves the right to modify or amend this Agreement at any time. Licensee will be notified of any changes, and continued use of the App constitutes acceptance of the modified terms. 

 

By downloading, installing, or using the App, Licensee acknowledges that they have read, understood, and agree to be bound by the terms and conditions of this Agreement. Additionally, by agreeing to the Service Terms, Licensee agrees to pay for services rendered and accept the terms of this Agreement.