APP TERMS OF USE

 
 

1 Introduction

Thanks for choosing the Chipmunk App ("Chipmunk"). Chipmunk provides personalized services with interactive features for disseminating your transportation data and other content as well as messaging services. By signing up, establishing an account, or otherwise using any of these Chipmunk services, including all associated features and functionalities, user interfaces, as well as all content and software applications associated with our services (collectively, the "Chipmunk Service" or "Service"), or accessing any information, alerts, notifications, or other content or material that is made available through the Service (the "Content") you are entering into a binding contract with BusPlanner Inc. (“BusPlanner”, “we”, “us”, “our”). As used in these Terms, the words "include" and "including," and variations thereof, will be deemed to be followed by the words "without limitation."

Your agreement with us includes these Terms and any additional terms that you agree to, as discussed in the Entire Agreement section below, other than terms with any third parties (collectively, the "Agreements"). The Agreements include terms regarding future changes to the Agreements, limitations of liability, privacy, and waiver of class actions. If you wish to review the terms of the Agreements, the current effective version of the Agreements can be found on Chipmunk's website. You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you don't agree with (or cannot comply with) the Agreements, then you may not use the Chipmunk Service or access any Content.

In order to use the Chipmunk Service and access any Content, you need to (1) be 18 years or older, or be 13 years or older and have your parent or guardian's consent to the Agreements, (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (3) reside in the United States or Canada. You also promise that any registration information that you submit to Chipmunk is true, accurate, and you have the authority to provide that information, and you agree to keep it that way at all times.
 

2 Changes to the Agreements

Occasionally we may make changes to the Agreements. When we make material changes to the Agreements, we'll provide you with notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate your account within the App. If you received an account through a third party, you must cancel the applicable account through such third party.
 

3 Enjoying the Benefits of Chipmunk

The information provided within the Chipmunk app is provided for the mutual benefit of you, your students, and the Transportation Authority.

The Chipmunk Service is provided to you free-of-charge. The services is controlled by your local school transportation authority. The school transportation authority will determine the extent of Services offered by the App. We are not responsible for the Services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered Services at any time in accordance with these Terms. Access to the Service is controlled completely by the school transportation authority. Separate terms and conditions with that third party may be applicable.
 

4 Using our service

The Chipmunk Service is the property of BusPlanner and the Content is governed by your local school transportation authority. We grant you limited, non-exclusive, revocable worldwide and perpetual license permission to make use of the Chipmunk Service, and limited, non-exclusive, revocable permission to make personal use of the Content (collectively, "Access"). This Access shall remain in effect until and unless terminated by you or BusPlanner or the school transportation authority. You promise and agree that you are using this Service and Content for your own personal use and that you will not redistribute the Content.

The Chipmunk App and the Content are not sold or transferred to you, and BusPlanner retains ownership of all copies of the Chipmunk App even after installation on your mobile handsets, tablets, wearable devices, and/or other devices ("Devices").

All Chipmunk trademarks, service marks, trade names, logos, domain names, and any other features of the Chipmunk brand ("Chipmunk Brand Features") are the sole property of BusPlanner or its licensors. The Agreements do not grant you any rights to use any Chipmunk Brand Features.

You agree to abide by our terms and not to use the Chipmunk Service, the Content, or any part thereof in any manner not expressly permitted by the Agreements.
 

5 Rights you grant us

In consideration for the rights granted to you under this Agreement, you grant us the right (1) to allow the Chipmunk Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Service, and (2) to allow the school transportation authorities to do the same.

If you provide feedback, ideas or suggestions to Chipmunk in connection with the Chipmunk Service or Content ("Feedback"), you acknowledge that the Feedback is not confidential and you authorize BusPlanner to use that Feedback without restriction and without payment to you.
 

6 User guidelines

BusPlanner respects intellectual property rights and expects you to do the same. We've established a few ground rules for you to follow when using the Service, to make sure Chipmunk stays safe for everyone. You must follow these rules and should encourage other users to do the same.

The following is not permitted for any reason whatsoever:
  1. redistributing, reproducing, broadcasting, or making available to the public any part of the Chipmunk Service or the Content, or otherwise making any use of the Chipmunk Service or the Content which is not expressly permitted under this Agreement or applicable law;
  2. reverse-engineering, decompiling, disassembling, modifying, or creating derivative works of the Chipmunk Service, Content or any part thereof except to the extent permitted by applicable law;
  3. circumventing any technology used by Chipmunk or any third party to protect the Content or the Service;
  4. selling, renting, sublicensing or leasing of any part of the Chipmunk Service or the Content;
  5. removing or altering any copyright, trademark, or other intellectual property notices contained on the Content or the Service or provided through the Service (including for the purpose of disguising or changing any indications of the ownership or source of any Content);
  6. providing your password to any other person or using any other person's username and password;

Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use (including any unauthorized use) of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by a third party, you must notify us immediately and change your password as soon as possible.
 

7 Service limitations and modifications

BusPlanner and the school transportation authority will make reasonable efforts to keep the Chipmunk Service operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. BusPlanner reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Chipmunk Service all without liability to you for any interruption, modification, or discontinuation of the Chipmunk Service or any function or feature thereof. You understand, agree, and accept that BusPlanner will make reasonable efforts, although it has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. BusPlanner or the school transportation authorities may, from time to time, remove any such Content without notice. This section will be enforced to the extent permissible by applicable law.
 

8 Customer Support

For customer support with account-related or content-related questions ("Customer Support Queries"), contact your local school transportation authority as they control all Content.
 

9 Warranty Disclaimer

YOU UNDERSTAND AND AGREE THAT THE CHIPMUNK SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. BUSPLANNER AND SCHOOL TRANSPORTATION AUTHORITIES MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER BUSPLANNER NOR SCHOOL TRANSPORTATION AUTHORITY WARRANTS THAT THE CHIPMUNK SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM CHIPMUNK SHALL CREATE ANY WARRANTY ON BEHALF OF BUSPLANNER. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
 

10 Severability, waiver and interpretation

Unless as otherwise stated in this Agreement, should any provision of the Agreement be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreement, and the application of that provision shall be enforced to the extent permitted by law.

Any failure by BusPlanner or any school transportation authority to enforce the Agreement or any provision thereof shall not waive either party’s beneficiary right to do so.
 

11 Indemnification

You agree to indemnify and hold BusPlanner harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to: (1) your breach of this Agreement; (2) any Content consumed by use of this Service; (3) your violation of any law or the rights of a third party.
 

Contact Us

The Chipmunk App is created, owned and distributed by BusPlanner Inc. 245 Bathurst Drive, Waterloo, Ontario Canada N2V 2E5.