Please read this agreement carefully to ensure that you understand each provision. By accessing or using the service, you indicate your consent to this agreement.
1. Who may use the Service?
Our services are not intended for anyone under 13. Additionally, you must be old enough to consent to the processing of your information in your country.
By using the Services, it indicates that you can form a binding contract with D’scover and will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
The Services should not be used for business or commercial purposes. If you wish to use the Services for businesses or commercial purposes, please contact email@example.com.
You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately at firstname.lastname@example.org of any breach of security or unauthorized use of your account. Company will not be liable for any losses caused by any unauthorized use of your account.
You may control your User profile and how you interact with the Service by changing settings that are made available to you.
3. Location-based Service
Certain features of the Service are designed to collect and share location information about you and other individuals who use the Service, and to detect and monitor driving behaviors. In order for you to access and use these features, the Service collects location, sensory and motion data from your mobile device in order to share location information, calculate and detect driving behavior and driving events (such as top speed, highspeed, precise location history and movement types).
To work properly, you will first have to grant permission to D’scover before we can access your location data and your device location will be shared when the app is running in the background and the foreground. These features may not work properly if the corresponding device permissions and settings allowing access to location, sensory and motion data are not properly configured or enabled.
If you want to stop sharing your location data, you can do so at any time in your device settings. When you disable location sharing through your device settings you will be unable to use the Services. Keep in mind that we have also implemented location sharing permission which allows you to enable/disable the location sharing per group basis.
You understand the Services work under normal conditions, but that the accuracy of location data depends on a number of factors such as sufficient network coverage, Wi-Fi connection, the device is not powered on and so on. For example, if you are in a building or area with low network coverage the map might not display correctly and your position in the app may not reflect your accurate location in real life.
4. Additional Policies and Information About the Service and Service Feature
A. Billing Policies
If you elect to use Subscription Features, you agree to the pricing and payment terms and that we may update them from time to time. Company may add new features for additional fees and charges, or amend fees and charges for existing services, at any time in our sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in this Agreement.
B. Pricing and Payment Terms
i. Subscription fees are payable in advance.
All subscription and access charges for the Subscription Features are payable in advance. Company is not responsible for any charges or expenses you incur resulting from charges billed by Company in accordance with this Agreement (e.g., overdrawn accounts, exceeding credit card limit, etc.). By providing a credit card number or other payment method with advance authorization features (e.g., in-app payments such as from third parties like Apple or Google), you authorize Company to continue charging the payment method for all charges due Company until your account is settled and your subscription is terminated by either you or Company.
ii. Payment methods.
Company accepts in-app payments such as from third parties like Apple or Google.
iii. Pricing Changes.
Prices for Subscription Features may change from time to time, in Company’s sole discretion. If they do, and you currently have Subscription Features, Company will provide you with notice of the change through the Service or in email to you, at Company’s option, at least thirty (30) days before the change is to take effect. Your continued use of the Subscription Features after price changes become effective constitutes your agreement to pay the changed amount. If you do not agree to the new prices, please stop or cancel the renewal of the ongoing subscription(s).
iv. No refunds.
You may cancel your subscription or delete your account at any time; however, there are no refunds for any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else. Upon cancelling any Subscription Features, your subscription will be valid until your paid period is completed.
v. Payment Information; Taxes.
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
vi. Battery Usage.
Some of the usage of the Service or Service features may use a significant amount of power from the device’s battery. You may wish to limit your use of these or other services on your device to the times when they are necessary (e.g., you may want to turn off certain Service features when you are not driving, or you may want to turn off other applications and services when you are driving), or where possible, you might wish to keep your phone plugged into a power source.
5. User Content License Grant
D’scover grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Services’ benefits in a way that these Terms allow.
Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.
You may not copy, modify, distribute, sell, or lease any part of our Services. Nor may you reverse engineer or attempt to extract
the source code of that software, unless laws prohibit these restrictions, or you have our written permission to do so. However, we do love to partner with great companies, awesome engineers, and really creative designers, so don’t hesitate to reach out through email@example.com!
7. Respects Other People’s Right
D’scover respects the rights of others, and so should you. You, therefore, may not use the Services, or enable anyone else to use the Services in a manner that:
- violates or infringes on someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual property right.
- bullies, harasses, or intimidates.
- spams or solicits our users.
You must also respect the rights of D’scover. These Terms do not grant you any right to do any of the following (or enable anyone else do so):
- use branding, logos, designs, photographs, videos, or any other materials used in our Services.
- copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Services or the content on the Services except as authorized in these Terms.
- use the Services, any tools provided by the Services, or any content on the Services for any commercial purposes without our consent.
We try hard to keep our Services a safe place for all users, but we cannot guarantee it and that is why we need your cooperation as well. By using the Services, you agree that:
- You will not use the Services for any purpose that is illegal or prohibited in these Terms.
- You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other users’ information.
- You will not use or develop any third-party applications that interact with the Services or other users’ content or information without our written consent.
- You will not use the Services in a way that could interfere with, disrupt, affect negatively, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services.
- You will not use or attempt to use another user’s account without their permission.
- You will not post content that contains pornography, graphic violence, threats, hate speech, or incitements to violence.
- You will not upload viruses or other malicious code or otherwise compromise the security of the Services.
- You will not attempt to circumvent any content-filtering techniques we employ or attempt to access areas or features of the Services that you are not authorized to access.
- You will not probe, scan, or test the vulnerability of our Services or any system or network.
- You will not encourage or promote any activity that violates these Terms.
We also care about your safety while using our Services. So please do not use our Services in a way that would distract you from obeying traffic or safety laws. For example, never use the Services while driving.
Company cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
10. Third-party Services
If you use a service, feature or functionality that is operated by a third party and made available through our Services (including Services we offer jointly with the third party), each party’s terms will govern the respective party’s relationship with you. D’scover is not responsible or liable for a third party’s terms or actions taken under the third party’s terms.
11. Modifying the Services and Termination
We are relentlessly improving our Services and creating new ones all the time. This means that we may add or remove features, products, or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time, and when we do, we will try to notify you beforehand—but this will not always be possible.
Though we hope you remain a lifelong member of the D’scover community, you can terminate these Terms at any time and for any reason by deleting your account. You can delete your account in the account settings in the app.
D’scover may also terminate these Terms with you if you fail to comply with these Terms, the law, or for any reason outside of our control. And while we will try to give you advance notice, we cannot guarantee it. Our right to terminate these Terms means that we may stop providing you with any Services or impose new or additional limits on your ability to use the Services.
You agree, to the extent permitted by law, to indemnify, defend and hold harmless D’scover and our affiliates, directors, officers, stockholders, employees, licensors, suppliers, and agents from and against any complaints, charges, claims, damages, losses, costs, liabilities and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your content; and (c) your breach of these Terms.
We try to keep the Services up and running and free of annoyances, but we cannot promise that we will always succeed.
The Services are provided “as is” and “as available” and to the extent permitted by law without warranties of any kind, either express or implied, including, in particular implied warranties, conditions, or other terms relating to (i) merchantability, satisfactory quality, fitness for a particular purpose, title, quiet enjoyment, non-infringement, or (ii) arising from a course of dealing. In addition, while D’scover attempts to provide a good user experience, we do not represent or warrant that: (a) the Services will always be secure, error-free or timely; (b) the Services will always function without delays, disruption or imperfections; or (c) that any content or information you obtain through the Services will be timely or accurate.
IF THE LAW OF THE COUNTRY WHERE YOU LIVE DOES NOT ALLOW THE EXCLUSIONS OF LIABILITY PROVIDED FOR IN THIS CLAUSE, THOSE EXCLUSIONS SHALL NOT APPLY.
D’scover and their affiliates take no responsibility and assume no liability for any content that you, another user, or a third party creates, uploads, posts, sends, receives, or stores on or through our Services. You understand and agree that you may be exposed to content that might be offensive, illegal, misleading, or otherwise inappropriate, none of which D’scover, nor their affiliates will be responsible for.
Nothing in these Terms will exclude or limit any responsibility we may have to remove content if so required by the law of the country where you live.
14. Limitation of Liability
D’scover and our affiliates, directors, officers, stockholders, employees, licensors, suppliers, and agents will not be liable for any indirect, incidental, special, consequential, punitive, or multiple damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill or other intangible losses, resulting from: (a) your use of the Services or inability to use the Services; (b) your access to or inability to access the Services; (c) the conduct or content of other users or third parties on or through the Services; or (d) unauthorized access, use or alteration of your content.
IF THE LAW OF THE COUNTRY WHERE YOU LIVE DOES NOT ALLOW ANY LIMITATION OF LIABILITY PROVIDED FOR IN THIS CLAUSE, THAT LIMITATION WILL NOT APPLY.
15. Information and Complaints
If you have a question or complaint regarding the Service, please send an e-mail to firstname.lastname@example.org. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with Company. We totally encourage you contact us first and we will do our best to resolve the issue.
16. Exclusive venue
To the extent the parties are permitted under these Terms to initiate litigation in a court, both you and D’scover agree that all claims and disputes (whether contractual or otherwise) arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the courts of Malaysia, unless this is prohibited by the laws of the country where you reside. You and D’scover consent to the exclusive jurisdiction of those courts.
17. Choice of law
The laws of Malaysia govern these Terms and any claims and disputes (whether contractual or otherwise) arising out of or relating to these Terms or their subject matter. The courts in some countries may not apply the laws of Malaysia to some disputes related to these Terms. If you reside in one of those countries, the laws of your home country may apply to those disputes.
This Agreement, together with any amendments and any additional agreements you may enter into with Company in connection with the Service, shall constitute the entire agreement between you and Company concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
19. Final terms
- These Terms make up the entire agreement between you and D’scover and supersede any prior agreements.
- These Terms do not create or confer any third-party beneficiary rights.
- If we do not enforce a provision in these Terms, it will not be considered a waiver.
- We reserve all rights not expressly granted to you.
- You may not transfer any of your rights or obligations under these Terms without our consent.
You can always contact us at email@example.com if you have questions or want to submit feedback about our Services. We always love to hear from our users. If you do happen to volunteer feedback or suggestions just know that we can use your ideas without compensating you.
Favoriot is located at Favoriot Sdn. Bhd., Suite 30, 3A Floor, IOI Business Park, 47100 Puchong, Selangor.
This Agreement was last modified on October 5, 2020.