**End-User License Agreement (EULA) for KartTracker**
**Last Updated:** April 7, 2025
This End-User License Agreement ("EULA") is a legal agreement between you ("User" or "you") and Stephen Ayers, LLC ("Company," "we," "us," or "our") for the KartTracker mobile application ("App").
By downloading, installing, or using the App, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not download, install, or use the App.
**1. License Grant**
Subject to the terms of this EULA, Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App for your personal, non-commercial use on a single mobile device owned or controlled by you ("Device").
**2. License Restrictions**
You agree not to, and you will not permit others to:
a) License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit the App or make the App available to any third party.
b) Copy or use the App for any purpose other than as permitted under Section 1.
c) Modify, make derivative works of, disassemble, decrypt, reverse compile, or reverse engineer any part of the App.
d) Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of Company or its affiliates, partners, suppliers, or the licensors of the App.
**3. Intellectual Property Rights**
The App, including without limitation all copyrights, patents, trademarks, trade secrets, and other intellectual property rights are, and shall remain, the sole and exclusive property of Company.
**4. Your Suggestions**
Any feedback, comments, ideas, improvements, or suggestions (collectively, "Suggestions") provided by you to Company with respect to the App shall remain the sole and exclusive property of Company. Company shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.
**5. Modifications to App**
Company reserves the right to modify, suspend, or discontinue, temporarily or permanently, the App or any service to which it connects, with or without notice and without liability to you.
**6. Updates to App**
Company may from time to time provide enhancements or improvements to the features/functionality of the App, which may include patches, bug fixes, updates, upgrades, and other modifications ("Updates"). Updates may modify or delete certain features and/or functionalities of the App. You agree that Company has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the App to you. You further agree that all Updates will be (i) deemed to constitute an integral part of the App, and (ii) subject to the terms and conditions of this EULA.
**7. Third-Party Services**
The App may display, include, or make available third-party content (including data, information, applications, and other products services) or provide links to third-party websites or services ("Third-Party Services"). You acknowledge and agree that Company shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services. Third-Party Services and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
**8. Privacy Policy**
Company collects, stores, maintains, and shares information about you in accordance with its Privacy Policy, which is available within the App and on our website. By accepting this EULA, you acknowledge that you hereby agree and consent to the terms and conditions of our Privacy Policy.
**9. Term and Termination**
This EULA shall remain in effect until terminated by you or Company. Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this EULA with or without prior notice. This EULA will terminate immediately, without prior notice from Company, in the event that you fail to comply with any provision of this EULA. You may also terminate this EULA by deleting the App and all copies thereof from your Device. Upon termination of this EULA, you shall cease all use of the App and delete all copies of the App from your Device. Termination of this EULA will not limit any of Company's rights or remedies at law or in equity in case of breach by you (during the term of this EULA) of any of your obligations under the present EULA.
**10. Indemnification**
You agree to indemnify and hold Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the App; (b) violation of this EULA or any law or regulation; or (c) violation of any right of a third party.
**11. No Warranties**
The App is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the App, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice. Without limitation to the foregoing, Company provides no warranty or undertaking, and makes no representation of any kind that the App will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error-free, or that any errors or defects can or will be corrected.
**12. Limitation of Liability**
Notwithstanding any damages that you might incur, the entire liability of Company and any of its suppliers under any provision of this EULA and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the App. To the maximum extent permitted by applicable law, in no event shall Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the App, third-party software and/or third-party hardware used with the App, or otherwise in connection with any provision of this EULA), even if Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
**13. Severability**
If any provision of this EULA is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
**14. Waiver**
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this EULA shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.
**15. Amendments to this EULA**
Company reserves the right, at its sole discretion, to modify or replace this EULA at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our App after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the App.
**16. Governing Law**
The laws of the State of [Your State/Country, e.g., Colorado], United States, excluding its conflicts of law rules, shall govern this EULA and your use of the App. Your use of the App may also be subject to other local, state, national, or international laws.
**17. Contact Information**
If you have any questions about this EULA, please contact us at sayer+karttrackerai@ayersnet.com.
**18. Entire Agreement**
The EULA constitutes the entire agreement between you and Company regarding your use of the App and supersedes all prior and contemporaneous written or oral agreements between you and Company.