This Terms of Use and Licensing Agreement and all other documents incorporated by reference (collectively, the “Terms” or “Terms of Use”) set forth the binding agreement between you (“You” or “Your”) and Ikon Technologies. (“Ikon”,” “We,” or “Us”) with respect to access to and use of our mobile application and related services. Our mobile application is defined as the application, our website (www.Ikonconnect.com), any associated software, any documents or recordings generated, maintained, or retained by Us, and any other communications to You in any format (collectively, the “App”). Ikon and its affiliates provide technology services to car dealerships and/or their customers through a wireless/mobile network cellular gateway using several technologies including integrated sensor and location components for geolocation and related services (“Services”).
BY USING OR ACCESSING THE APP AND SERVICES YOU ARE AGREEING TO BE BOUND BY THIS TERMS OF USE LICENSING AGREEMENT WITHOUT MODIFICATION OR QUALIFICATION. PLEASE READ THESE TERMS CAREFULLY AND THEIR INCLUDED LINKED INFORMATION, SUCH AS OUR PRIVACY POLICY, WHICH IS ALSO INCORPORATED IN THE TERMS BY REFERENCE. BY USING THE APP AND SERVICE YOU ACKNOWLEDGE AND REPRESENT THAT YOU (I) HAVE READ THESE TERMS AND THE PRIVACY POLICY, (II) UNDERSTAND THEM, (III) ACCEPT AND AGREE TO BE BOUND BY THEM, (IV) ARE AT LEAST 18 YEARS OLD AND ABLE TO FORM LEGALLY BINDING CONTRACTS, AND (V) AGREE TO COMPLY WITH ALL LAWS AND REGULATIONS APPLICABLE TO YOU, RELATED TO THE USE OF THE SERVICES, THE APP, YOUR MOBILE PLATFORM AND/OR THE INTERNET. IF YOU DO NOT AGREE TO THE TERMS, WE ARE UNWILLING TO GRANT YOU ACCESS TO THE APP OR THE SERVICES. IF YOU ARE USING THE SITE ON BEHALF OF AN ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THAT ENTITY TO THESE TERMS.
THESE TERMS AND CONDITIONS CONTAIN A PROVISION THAT GENERALLY REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS AND CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. PLEASE SEE SECTION IX (F) FOR INFORMATION.
For so long as you agree to these Terms and abide by them, and unless these Terms or Your access to the App or Services is terminated as provided herein, you may use the App and Services. Subject to compliance with these Terms, we grant you a limited, non-exclusive, nontransferable, revocable, personal license to download, install and operate the App and the Services. We and Your Dealer have installed a device in Your vehicle to facilitate the functionality of the App and to facilitate its Services.
To use the App and Services, You are required to set up a “Subscription” directly with Ikon. You may also be provided the App and/or Services, in whole or in part, by registration through Your auto dealer. Such a registration is subject to the Terms as applicable. When You set up a Subscription, You are required to provide personal information, which may include, but is not limited to, personal information such as your full name, email address, date of birth, physical address, contact phone number and vehicle information. You are also required to select a password to access the App and Services. We have the sole authority and discretion whether to permit You to access the App and Services. We commit to making the App and Services available to all qualified users including those with a disability.
You are solely responsible for all use of the App and Services and all activities that occur under or in connection with it. You agree (i) to be responsible for any act or omission of any person accessing the App and Services under Your Subscription that, if undertaken by You, would be deemed a violation of these Terms, and (ii) that such act or omission shall be deemed a violation of these Terms by You. Please notify Us immediately if You become aware that Your App or Services are being used without authorization. You agree not to register for a Subscription on behalf of an individual other than You.
When you register for a Subscription or otherwise use the App and Services, You agree to use Your real name and You agree that any information You submit about yourself is truthful and accurate. You warrant and represent that all information You provide to Us on the App or for the Services is true, accurate, current, and complete, and You agree to maintain and promptly update such information to keep it true, accurate, current, and complete. If We believe or suspect that such information is untrue, inaccurate, not current, or incomplete, We may deny or terminate your access to the App or Services.
You acknowledge that the App and Services may, from time to time, be unavailable (e.g., due to scheduled maintenance or system upgrades), and We cannot, and do not, guarantee any specific minimum availability of the App or the Services. You hereby expressly permit Us or our authorized contractors and partners to access Your App, Services or Subscription in order to investigate and diagnose actual or potential defects, or other technical problems with the App and Services. You agree to promptly notify Us of any disruptions in the App’s or Services’ operations.
You must have a mobile communication subscription for the necessary carrier services with a participating carrier or otherwise have access to a mobile communications network through which we make the App and Services available. You are responsible for all service fees associated with any such mobile access, including all applicable data fees, and for complying with all terms of use imposed by the carrier.
When using the Site and Services, You agree not to: (a) infringe the copyright, trademark, trade secret, intellectual property, or other proprietary right of Us or others; (b) violate the privacy, publicity, or other rights of third parties; (c) engage in conduct that is discriminatory, defamatory, obscene, threatening, abusive, or hateful, as determined by Us in Our sole discretion; (d) provide information that is false inaccurate, not current, or incomplete; or (e) violate our policies or any law be it civil or criminal;
You likewise may not: (i) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the App or Services except as expressly permitted by Ikon; (ii) decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any component of the App or Services is compiled or interpreted; (iii) copy, replicate, transcribe or reproduce the ‘look and feel’ of the App, including its features and functionalities; (iv) link to, mirror or frame any portion of the App or Services; (v) use the App or the Services for illegal purposes or for promotion of dangerous activities; (vi) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted or received.
We and/or our vendors and suppliers, as applicable, retain all rights, title, and interest in and to the App and the Services. Nothing in these Terms grants You any right to receive delivery of a copy of our source code or other technology or to obtain access to it except as generally and ordinarily permitted or licensed through the App and Services according to these Terms. Certain of the names, logos, distinctive features, source identifiers and other materials displayed on the App or in the Services, including its “look and feel,” constitute trademarks, trade names, service marks, trade dress or logos of Us or other entities.
You expressly consent to receive text messages, e-mails, SMS or other electronic, physical, or audio messaging media, including those generated through artificial intelligence, via regular mail, telephone or via the Ikon website and or other applications (“Communications”) from Us regarding the App and Services. You agree that text messages and e-mails may be sent to effectuate the functionality of the App or for transactional purposes. You also agree that any Communications delivered in an electronic form is the same as being delivered in writing. We may also send Communications using any contact telephone numbers or email addresses you provide to Us. We may also send Communications for purposes of marketing from Us or Your dealer. Your consent to receive marketing Communications is not a condition of any purchase. If you want to opt-out of receiving such messages you may do so in our Privacy Policy, send an e-mail to info@ikonconnect.com or change your notification preferences in the App. If you would like to opt out at any time, please refer to the above website or App functionality.
You generally have the following rights regarding your data:
Please note opting out of the App and Services does not constitute an opt out of any other website or portal of a dealer or similar app or site to which You may have consented to independently from and separate from Ikon products or services. An initial notification from Us or Your dealer that your Subscription is about to expire is considered informational and is not considered a marketing communication for purposes of these Terms.
While accessing and/or using the App and Services we may obtain information about You, or You may be required to provide certain personal information to Us. All use by Ikon of Your personal information will be in accordance with Our Privacy Policy, You may access it here, which is incorporated herein as if set forth verbatim in these Terms. If You use the App and Services, You are accepting the terms and conditions of our Privacy Policy, as may be amended from time to time, subject to any opt out rights.
These Terms will become effective and binding when You use the App and Services, You obtain a Subscription, when You voluntarily provide any information about Yourself to Us, or when You indicate in your agreement by following any instructions we place on the App (such as buttons labeled “I Agree” or similar items). Your access to the App and Services will terminate upon expiration of your Subscription. For so long as the device is installed, We may periodically obtain information from the device to determine the location of the device, the condition of the device, or to determine if the device is being used in an illegal or inappropriate manner, for Your safety or the safety of the public or to notify You regarding maintenance or recall notifications of Your vehicle, subject to Your rights to opt out. Your rights under these Terms will automatically and immediately terminate if you fail to comply with your promises and obligations as previously stated in these Terms. We retain all information for a period of time as may be provided in or limited by applicable law.
Without limiting other remedies, We also reserve the right to limit, partially terminate, suspend, prohibit access, or take any other measures in the course of investigating conduct which in our reasonable belief could potentially lead to legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with our policies.
In the event you sell or trade your vehicle with our device still installed, either in a private sale or with a Dealer, please notify us immediately.
THE APP AND SERVICES ARE PROVIDED “AS IS”. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IKON DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IKON MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE APP AND SERVICES. IKON DOES NOT REPRESENT OR WARRANT THAT THE APP ITS SERVICES OR CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS ARE CORRECTED, THAT THE APP OR THE SERVER WHICH MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
IN NO EVENT SHALL IKON BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, SPECIAL OR OTHER DAMAGES OF ANY TYPE (INCLUDING PERSONAL INJURY, PROPERTY DAMAGE, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) IN CONNECTION WITH THESE TERMS THE APP AND THE SERVICES, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF IKON WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE APP OR SERVICES.
To the fullest extent permitted by applicable law, You agree to indemnify and hold harmless Ikon, its officers, directors, employees, affiliates, contractors, and agents, from and against any and all claims, damages, obligations, losses, liabilities, judgments, fees, fines, costs and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of the App or Services; (ii) Your violation of any term of these Terms; (iii) Your violation of any third party right; (iv) Your violation of any applicable laws. This indemnification obligation will survive the termination or expiration of these Terms and the termination or discontinuation of your use of the App and Services.
We may change these Terms from time to time. Any such changes will become effective when posted on the App and will be evidenced by a new “Last Updated” date above. If you object to any such changes, your sole recourse will be to cease using the App and the Services. Continued use of the App and/or the Services following posting of any such changes will indicate Your acknowledgement of such changes and Your agreement to be bound by the revised Terms, inclusive of such changes.
We reserve the right to modify the App, or Services at any time without notice. If You object to any changes to the App or Services, Your sole recourse will be to cease using them. Continued use of the App or Services following posting of any such changes will indicate Your acknowledgement of such changes and satisfaction with the App and Services as so modified. We also reserve the right to discontinue the Site and/or Services at any time without notice. We will not be liable to You or any third-party should we exercise our right to modify or discontinue the Site or the Services.
These Terms will be subject to the Arbitration provision herein and construed in accordance with the laws of the State of Texas, excluding its rules regarding conflicts-of-law. Any claim to enforce an arbitration award will be brought in Tarrant County, Texas.
These Terms, together with the Privacy Policy, any other separate terms referred to and incorporated herein by reference, and any other legal notices published by Ikon shall constitute the entire agreement between You and Us concerning the App and Services. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Ikon’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these terms is found by a court of competent jurisdiction to be invalid, You agree that the court should endeavor to give effect to the intentions reflected in the invalid provision, and the other provisions of these Terms shall remain in full force and effect.
ANY DISPUTE OR CLAIM ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS (WHETHER FOR BREACH OF CONTRACT, TORTIOUS CONDUCT, OR OTHERWISE) SHALL, TO THE EXTENT PERMITTED BY LAW, BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF THE CLAIM QUALIFIES.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT AND MUST FOLLOW THESE TERMS AS A COURT WOULD.
ARBITRATION SHALL BE CONDUCTED IN ACCORDANCE WITH THE AMERICAN ARBITRATION ASSOCIATION COMMERCIAL ARBITRATION RULES, IF APPLICABLE, THE SUPPLEMENTARY PROCEDURES FOR THE RESOLUTION OF CONSUMER RELATED DISPUTES. CONSOLIDATED OR CLASS ACTION ARBITRATIONS SHALL NOT BE PERMITTED.
ARBITRATION HEARINGS SHALL BE HELD IN TEXAS. IF THIS LOCATION IS NOT CONVENIENT FOR YOU, YOU MAY INFORM US. WE WILL WORK WITH YOU TO DETERMINE A MUTUALLY CONVENIENT LOCATION. ANY DISAGREEMENTS REGARDING THE LOCATION IN WHICH THE ARBITRATION HEARINGS WILL BE HELD SHALL BE SETTLED BY THE ARBITRATOR.
NOTHING HEREIN SHALL BE CONSTRUED TO PRECLUDE ANY PARTY FROM SEEKING INJUNCTIVE RELIEF IN THE STATE AND FEDERAL COURTS LOCATED IN TEXAS. IF YOU INITIATE ARBITRATION, YOUR ARBITRATION FEES WILL BE LIMITED TO THE FILING FEE SET FORTH IN AAA'S CONSUMER ARBITRATION RULES. ALL OTHER FEES OF ARBITRATION ARE ALLOCATED BY AAA’S CONSUMER ARBITRATION RULES. WE PAY ALL FEES, OTHER THAN THE CONSUMER ATTORNEY’S FEES, IF WE INITIATE ARBITRATION. REIMBURSEMENT OF FEES AND COSTS UPON AWARD ARE ALLOCATED BY THE ARBITRATOR ACCORDING TO THE AAA CONSUMER ARBITRATION RULES.
To help resolve any issues promptly and directly, You and Ikon agree to begin any arbitration within one year after a claim arises; otherwise, the claim is waived.
It is important that you understand that by entering these terms, You and Ikon are each waiving the right to a trial by jury or to participate in a class action against the other party for any claims. The arbitrator's decision will be conclusive and binding and may be entered as a judgment in any court of competent jurisdiction.