Terms of Use

These Terms of Use (“Terms”) govern your use of the Mileclip app for iPhone and the website at mileclip.com (together, the “Service”), each provided by Srutva Labs LLC, a limited liability company registered in the State of Texas, United States (“Srutva,” “we,” “us”). By installing, accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

Please also read our Privacy Policy, which is part of these Terms by reference.

The basics

Eligibility

You may use the Service if you have the legal capacity to accept these Terms where you live, or have the permission of a parent or guardian who does.

Your content

The drives, routes, places, vehicles, purposes and other content you create in Mileclip (“Your Content”) belong to you. There is no Mileclip account and no Mileclip server; we do not collect, store or process Your Content. It stays on your iPhone and, with “Sync with my iCloud” on, in your own private iCloud. See the Privacy Policy for details.

What Mileclip is, and is not

Mileclip is a mileage log. It records drives from your iPhone’s location and motion, lists car trips it may have missed, and calculates amounts from published mileage rates of the IRS, HMRC, CRA and ATO, or a custom rate you set. It is a record-keeping tool. It is not tax, legal or accounting advice, and it does not file anything for you. Rates, tax years and rules can change and can differ from your situation; you are responsible for what you claim, and for checking it with the tax authority or a tax professional. Detection depends on your iPhone, its settings and the permissions you give; a drive can be logged late, short or not at all, and estimates for missed drives are marked as estimates.

Driving

Mileclip needs no attention while you drive. Do not handle your iPhone while driving; sort drives when it is safe and lawful to do so. Follow the traffic laws where you drive.

License to use Mileclip

Subject to these Terms, Srutva grants you a limited, non-exclusive, non-transferable, revocable license to install and use Mileclip on Apple devices that you own or control. The App Store version of Mileclip is also licensed under Apple’s standard Licensed Application End User License Agreement, which is part of these Terms by reference; where the two conflict, Apple’s agreement governs.

Acceptable use

You agree not to:

• Use the Service in violation of any law or regulation.
• Reverse-engineer, decompile, or attempt to extract source code from the app, except to the extent that this restriction is prohibited by law.
• Resell, sublicense, or redistribute the app outside the channels Apple permits.
• Use the Service to infringe anyone else’s rights, including intellectual property and privacy rights, for example by logging another person’s location without their knowledge.
• Bypass or attempt to bypass any technical limitations or access controls.

Free days, the purchase, and refunds

Adding drives by hand is free, always. Automatic tracking is free for 30 days, counted on the calendar from the day tracking is first turned on at the end of first launch. The start is kept in your device’s Keychain, so deleting the app or erasing its data does not start the free days again. Nothing is charged when the days end, and nothing renews.

After the free days, one in-app purchase, paid once, keeps automatic drives, the missed-drive check and reports for any year. There is no subscription and there are no ads. The price is the one the App Store shows for your region before you pay ($29.99 in the United States). Without the purchase, every drive you logged stays available to read and to save as PDF or CSV, and you can keep adding drives by hand. A drive under way when the free days end is still logged.

All purchases are processed by Apple under its terms. Pricing, billing, taxes and refunds are handled by Apple. To ask for a refund, visit reportaproblem.apple.com. A refunded purchase is no longer counted by the app. Statutory consumer rights, including, where applicable, EU and UK rights of withdrawal for digital content, are not affected by these Terms.

Important legal points

No warranty

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT IT WILL DETECT EVERY DRIVE, THAT DISTANCES, RATES OR AMOUNTS WILL BE ACCURATE OR ACCEPTED BY ANY TAX AUTHORITY, OR THAT ANY DATA STORED LOCALLY OR SYNCED TO ICLOUD WILL BE COMPLETE OR RESTORABLE.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. Where required by law, we provide warranties to the minimum extent the law requires.

Data loss disclaimer

Mileclip stores Your Content on your iPhone and, if you choose, in your own private iCloud through Apple’s CloudKit. Backups, restoring and sync are managed by your operating system and Apple’s services. Because we hold no copy, we can’t restore anything that is lost. We are not responsible for loss, corruption or unavailability of Your Content caused by device loss or damage, deletion, iCloud issues, software errors, operating-system updates or any other cause outside our reasonable control, to the extent the law allows. “Save a copy,” under Settings › My data, makes a file you can keep outside the app.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SRUTVA LABS LLC AND ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA OR GOODWILL, OR ANY TAX, PENALTY OR INTEREST, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR AGGREGATE LIABILITY EXCEED THE AMOUNT YOU PAID FOR MILECLIP IN THE TWELVE MONTHS BEFORE THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, or for negligence, gross negligence, fraud or willful misconduct. Where required by law, our liability is limited only to the minimum extent the law allows. Nothing in these Terms limits any liability that cannot be limited under applicable law (for example, mandatory consumer rights in the EU or the UK).

Indemnification

You agree to defend, indemnify and hold harmless Srutva Labs LLC and its directors, officers, employees and agents from any claims, damages, liabilities, costs and expenses (including reasonable attorneys’ fees) arising from your violation of these Terms, your misuse of the Service, or your violation of any law or third-party right.

Termination

You may stop using the Service at any time by deleting the app; the Privacy Policy explains what happens to your data then. We may stop offering the Service, or end your license, if we reasonably believe you have violated these Terms or applicable law, or if continued provision becomes commercially impractical. The “No warranty,” “Data loss disclaimer,” “Limitation of liability,” “Indemnification” and “Disputes” sections continue after termination.

Apple-specific terms

The following applies to Mileclip when obtained through Apple’s App Store: (i) These Terms are between you and Srutva, not Apple, and Srutva (not Apple) is solely responsible for the app and its content. (ii) Apple has no obligation to furnish maintenance or support for the app; support is at [email protected]. (iii) If the app does not conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price; to the maximum extent permitted by law, Apple has no other warranty obligation. (iv) Apple is not responsible for addressing any claims by you or any third party relating to the app, including product liability claims, claims that the app fails to conform to any legal or regulatory requirement, and claims arising under consumer protection or similar legislation. (v) Apple is not responsible for the investigation, defense, settlement or discharge of any third-party claim that the app infringes intellectual property rights. (vi) You represent that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties. (vii) You agree to comply with any applicable third-party terms when using the app. (viii) Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

Disputes

Governing law

These Terms and any dispute arising from them are governed by the laws of the State of Texas, United States, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. If you are a consumer resident in the European Economic Area, the United Kingdom, or another jurisdiction whose mandatory consumer-protection laws apply, you keep the protection of those laws.

Dispute resolution

Before filing a formal claim, please email us at [email protected] to give us a chance to resolve the issue.

If a dispute cannot be resolved informally, the exclusive venue for any lawsuit will be the state or federal courts located in Travis County, Texas, and you and Srutva each consent to the personal jurisdiction of those courts. Where applicable law gives you the right to bring an action in your home jurisdiction (for example, EU or UK consumer law), this clause does not take that right away.

To the extent permitted by law, you and Srutva each agree that any dispute will be resolved on an individual basis. Class actions, collective actions and representative actions are not permitted. If this class-action waiver is held unenforceable in your jurisdiction, the rest of this section still applies.

Other

Changes to these Terms

We may update these Terms from time to time. The updated version will be posted at this address with a new “Last updated” date. Your continued use of the Service after an update means you accept the updated Terms, to the extent the law allows. Material changes receive the notice applicable law requires.

Severability

If any provision of these Terms is held to be invalid, unenforceable or contrary to law, the remaining provisions remain in full effect. The invalid provision will be changed to the minimum extent necessary to make it valid and enforceable, or, if that is not possible, removed.

Entire agreement

These Terms, together with the Privacy Policy and Apple’s standard Licensed Application End User License Agreement, are the entire agreement between you and Srutva Labs LLC about the Service, replacing any prior agreements.

Contact

Srutva Labs LLC
State of Texas, United States
[email protected]