Last Updated: May 31, 2022
These Terms of Service (“Agreement”) are a legally binding agreement between you and Argo AI, LLC, and its parents, subsidiaries, representatives, affiliates, officers, and directors (collectively, “Argo,” “we,” “us” or “our”), governing your use of the cars, websites, applications, and other services (collectively, “Services”) provided by Argo, including without limitation via the Argo AI application (“App”). By entering into this Agreement, or by using or accessing the Services you expressly acknowledge that you understand and agree to be bound by this Agreement. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE SERVICES.
IMPORTANT: PLEASE BE ADVISED THAT THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS BETWEEN YOU AND ARGO CAN BE BROUGHT, INCLUDING THE ARBITRATION PROVISIONS SET FORTH IN SECTION 16 BELOW. PLEASE REVIEW SECTION 16 CAREFULLY, AS IT REQUIRES YOU TO RESOLVE ALL DISPUTES WITH ARGO THROUGH FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, WITH ONLY THE LIMITED EXCEPTIONS EXPRESSLY DESCRIBED IN SECTION 16 BELOW. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS AND CONDITIONS HEREIN AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
Supplemental terms may apply to certain options or offers available through the Services, such as policies for a particular ride or logistics option, event, program, activity, or promotion. Such supplemental terms will be disclosed to you in connection with the applicable option or offer. Supplemental terms are in addition to, and shall be deemed a part of, this Agreement for the purposes of the applicable option or offer. Supplemental terms shall prevail over this Agreement in the event of a conflict with respect to the applicable option or offer.
You understand that use of the Services may result in charges to you for the Services received (“Charges”). Charges will include applicable taxes where required by law and may include other applicable fees, including without limitation cancellation fees, estimated or actual tolls, airport fees, and surcharges. Argo may establish or adjust Charges for any or all Services and will use reasonable efforts to inform you of all applicable Charges. All Charges and payments will be enabled by Argo using the preferred payment method designated in your Account, if applicable. Each time you request to use the Services, you authorize Argo to charge your payment method for the total amount of Charges, if applicable. If you are to pay Charges and your primary Account payment method is determined to be expired, invalid, or otherwise not able to be charged, you agree that Argo may use a secondary payment method in your Account, if available. Charges paid by you are non-refundable, unless Argo determines otherwise.
In the event that Argo’s car is damaged during your ride (as more fully set forth in Section 2 below) and Argo reasonably believes that you or your guests caused such damage, you will be responsible to Argo for the cost of repairing or cleaning such damage.
Argo, in its sole discretion, may make available promotional offers and discounts (“Promotions”) to all or a subset of users. Promotions are subject to change or withdrawal at any time and without notice. You agree that you will use all Promotions for their intended purpose and that any Promotion you receive has no cash value and cannot be transferred, sold, or applied to any previous transaction.
If you think a correction should be made to any Charge you incurred, please notify Argo in writing within 30 days after the date of the Services which resulted in the Charge. In the event you do not provide notice within the 30-day period, Argo will have no further responsibility and you waive your right to later dispute the amounts charged.
In the event you discover any damage to our car or if the car experiences any issues during your ride (for example, an accident, flat tire, or failure to reach your destination) then you must notify us as soon as you are reasonably able to do so. You may contact us through any help button located in the car or via the App or as described in Section 25 below. You agree to reasonably cooperate with us in any investigation of an issue that we reasonably believe occurred in connection with or during your ride.
You are solely responsible for your conduct while accessing or using our Services. You must comply with all applicable laws, rules, and regulations in connection with your use of the Services, and any instructions provided by Argo to you before or during your ride. Further, you agree that, while using or participating in the Services, you will not:
Argo may, in Argo’s sole discretion, permit you from time to time to create, post, store, share, or otherwise make available to Argo through the Services content, including messages, text, photos, videos, software, music, audio, and other materials (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Argo, you grant Argo a worldwide, perpetual, irrevocable, nonexclusive, fully-paid, transferable, royalty-free license, with the right to sublicense, use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Argo’s business, and on third party sites and services), without further notice to or consent from you, and without compensation to you or any other person or entity.
You represent and warrant that: (a) you either are the sole and exclusive owner of your User Content or you have all rights, licenses, consents, and releases necessary to grant Argo the license to the User Content as set forth above; and (b) neither the User Content, nor your submission, uploading, publishing, or otherwise making available of such User Content, nor Argo’s use of the User Content as permitted herein, will infringe, misappropriate, or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Argo in its sole discretion, whether or not such material may be protected by law. You further agree not to post any User Content that contains or depicts: (a) any statements, remarks, or claims that do not reflect your honest views and experiences; (b) any unsolicited promotions, political campaigning, advertising, or solicitations; (c) any private or personal information of a third party without such third party’s consent; or (d) any viruses, corrupted data or other harmful, disruptive, or destructive files or content. Argo may, but shall not be obligated to, review, monitor, and remove User Content, at Argo’s sole discretion and at any time and for any reason, without notice to you.
The Services and all rights therein are and shall remain Argo’s property or the property of Argo’s licensors. Neither this Agreement nor your use of the Services convey or grant to you any rights in or related to the Services except for the limited license granted below.
You agree that you will not use Argo’s trademarks, service marks, or trade dress, or any similar names, marks, or trade dress (the “Marks”), aside from use incidental to your use of the Services, without express, written permission from Argo. This prohibition on using the Marks includes, but is not limited to, use in domain names, websites, and social media accounts.
Subject to your compliance with this Agreement, Argo grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (a) access and use the App on your personal device solely in connection with your use of the Services; and (b) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Argo and Argo’s licensors.
You may not: (a) remove any copyright, trademark, or other proprietary notices from any portion of the Services or Argo’s vehicles; (b) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Services except as expressly permitted by Argo; (c) decompile, reverse engineer, or disassemble the Services except as may be permitted by applicable law; (d) link to, “mirror,” or “frame” any portion of the Services, or use meta tags or code or other devices containing any reference to Argo in order to direct any person to any other website for any purpose; (e) cause or launch any programs or scripts for the purpose of unduly burdening or hindering the operation or functionality of any aspect of the Services; (f) attempt to gain unauthorized access to, or impair any aspect of, the Services or its related systems or networks; or (g) post, email, or otherwise transmit any malicious code, files, or programs designed to interrupt, damage, destroy, or limit the functionality of the Services or any computer software or hardware or telecommunications equipment, or surreptitiously intercept or expropriate any system, data, or personal information.
You agree that Argo and its representatives, affiliates, officers, and directors may contact you by telephone or text messages (including by an automatic telephone dialing system or with an artificial or pre-recorded voice) at any of the phone numbers provided by you or on your behalf in connection with an Account, if applicable, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods, or services. You also understand that you may opt out of receiving text messages from Argo at any time.
You agree that Argo may contact you using any of the phone numbers you provided in connection with an Account (including via text or voice-recorded message) or your email address in the case of suspected fraud or unlawful activity.
Argo respects your rights to your ideas, therefore please do not submit any confidential ideas, information, or suggestions in any form to Argo or any of its affiliates. For any ideas, information, or suggestions you do submit, regardless of what your communication regarding your submissions says, you understand that your submissions are voluntary and the following terms shall apply to your submissions: (a) your submissions and their contents will automatically become the property of Argo, without any compensation to you; (b) Argo has no obligation to review your submissions; (c) Argo may implement and distribute any portion of your submissions and their contents for any purpose in any way, without any compensation to you; and (d) Argo has no obligation to keep your submissions confidential.
Use of the Services is limited to persons over the age of 18 (or the age of legal majority in your jurisdiction if different than 18). You are permitted to have guests, including guests under the age of legal majority in your jurisdiction, during your ride, provided that you must also be present during the entirety of any ride requested from your Account. You are solely responsible for the safety of any minor that accompanies you, including without limitation for the safety and proper use of any child restraint or car seat that may be available (this responsibility includes your obligation to ensure any child restraint or car seat is properly installed and that the minor is properly secured in such restraint or seat). You are fully responsible for any acts or omissions of any of your guests, regardless of their age.
You may not assign or otherwise transfer your Account to any other person or entity, and you may not authorize third persons or parties to use your Account. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes (for example, no transport of unlawful or hazardous materials is permitted). You may not access or use the Services to cause nuisance, annoyance, inconvenience, or property damage. You may be asked to provide proof of age, identity, or other methods of identity verification to access or use the Services, and you agree that you may be denied access to, or use of, the Services if you refuse to provide such verification or if the provided verification does not satisfy Argo’s requirements.
Any claim of copyright or trademark infringement should be sent to firstname.lastname@example.org.
To the fullest extent permitted by applicable law, you will defend, indemnify, and hold Argo, its affiliates, subsidiaries, parents, successors, and assigns, and each of its and their respective officers, directors, employees, agents, owners, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Services, including: (a) your breach of this Agreement or the documents it incorporates by reference; (b) your violation of any law or the rights of a third party, including, other riders, other motorists, and pedestrians; (c) any allegation that any materials that you submit to us or transmit through the Services infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and (d) any of your other activities in connection with the Services.
You acknowledge that the Services, which utilize Argo’s self-driving system and accessibility settings, are dependent upon emerging technologies. As such, there is a risk that, at any time and without notice, the Services could become inoperable or inaccessible, or could function erratically or improperly. Further, the Services are subject to standard risks associated with vehicle travel, such as flat tires or other mechanical issues. Accordingly, you may not arrive at your intended destination at the intended time, or at all, and you may experience other disruptions, inconveniences, and discomforts during your use of the Services. By utilizing the Services, you agree and acknowledge that you understand these risks and assume such risks.
The Services are designed and intended to be utilized for non-emergency transportation services only. As such, you acknowledge and agree that you will not use the Services for any emergency transportation, for example, if a person requires transportation to a hospital or other emergency care facility for medical care.
In certain circumstances, one or more licensed vehicle operators may be present in the car during your use of the Services. For your safety and the safety of the vehicle operators, you agree that you will not interfere with, distract, or otherwise hinder the vehicle operator from performing his or her duties during your use of the Services.
We do not control, endorse, or take any responsibility for any User Content or Third-Party Materials. The Services are provided “as is” and “as available” without any warranty or condition, express, implied, or statutory. We do not guarantee and do not promise any specific results from use of the Services, including the ability to provide or receive the Services at any given location or time. To the fullest extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. Please note that some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
We do not warrant that your use of the Services will be accurate, complete, reliable, current, secured, uninterrupted, always available, or error-free. We do not warrant that your use of the Services will meet your requirements, that any defects in the Services or the App will be corrected, or that the Services and the App are free from viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the Services.
You are responsible for obtaining the data network access necessary to utilize the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and the App and any updates thereto. Argo does not guarantee that the Services, or any portion thereof, will function on any particular hardware or device. In addition, the Services may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.
YOU AGREE THAT YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL RISKS. YOU ACKNOWLEDGE THAT THE SERVICES INVOLVE EMERGING TECHNOLOGIES AND THAT YOUR USE OF THE SERVICES ENTAILS RISKS, INCLUDING THE RISK OF SERIOUS PERSONAL INJURY AND DEATH.
IN CONSIDERATION FOR ARGO’S PROVISION OF THE SERVICES TO YOU, YOU HEREBY RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, AND INDEMNIFY ARGO FROM ANY AND ALL LIABILITY, ON BEHALF OF YOURSELF, AND YOUR REPRESENTATIVES, SPOUSES, HEIRS, AND GUESTS, ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES.
YOU SPECIFICALLY AGREE THAT ARGO SHALL NOT BE LIABLE FOR ANY DAMAGES FOR PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO LOST PROFITS AND LOST DATA, ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES, WHETHER KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN, REGARDLESS OF THE NEGLIGENCE OF ARGO, AND REGARDLESS OF THE FORM OF THE ACTION.
YOU FURTHER SPECIFICALLY AGREE THAT YOU SHALL INDEMNIFY ARGO AGAINST ANY CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO LOSS OF CONSORTIUM CLAIMS AND CLAIMS BROUGHT BY YOUR GUESTS.
YOU FURTHER AGREE THAT ARGO’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO ARGO FOR THE SERVICE INSTANCE GIVING RISE TO YOUR CLAIM. ARGO SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY, OR LOSSES ARISING OUT OF YOUR RELIANCE ON ARGO’S SERVICES OR INABILITY TO ACCESS ARGO’S SERVICES, OTHER THAN A REFUND OF ANY AMOUNT PAID BY YOU TO ARGO FOR THE SERVICE INSTANCE YOU WERE UNABLE TO ACCESS.
To the fullest extent permitted by law, you release Argo from responsibility, liability, claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, including claims of negligence, arising out of or related to disputes between you and any third party, including other passengers, or the acts or omissions of third parties.
YOU AND ARGO MUTUALLY AGREE TO RESOLVE ANY DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES THROUGH BINDING INDIVIDUAL ARBITRATION, AND THEREBY WAIVE OUR RIGHTS TO RESOLVE DISPUTES IN A COURT OF LAW, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN.
BY AGREEING TO ARBITRATION, YOU AND ARGO UNDERSTAND THAT YOU AND ARGO ARE BOTH WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS. YOU AND ARGO FURTHER UNDERSTAND THAT YOU AND ARGO ARE BOTH WAIVING THE RIGHT TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, COORDINATED, CONSOLIDATED, REPRESENTATIVE, OR OTHER TYPE OF NON-INDIVIDUAL ACTION AGAINST THE OTHER PARTY.
THIS ARBITRATION AGREEMENT REQUIRES THE ARBITRATION OF ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES, INCLUDING BUT NOT LIMITED TO CLAIMS SOUNDING IN CONTRACT, CLAIMS SOUNDING IN TORT, CLAIMS BASED ON ANY STATUTORY RIGHT, PERSONAL INJURY CLAIMS, CLAIMS CHALLENGING THE EXISTENCE, ENFORCEABILITY, TERMINATION, INTERPRETATION, OR VALIDITY OF ANY PORTION OF THIS AGREEMENT, AND ALL OTHER CLAIMS.
(a) Individual Arbitration Only
Any arbitration conducted pursuant to this Section 16 shall be on an individual basis only. You and Argo do not consent to any class arbitration or other form of non-individual arbitration.
(b) Exception for Small Claims Court
Either you or Argo may bring individual claims in any small claims court of competent jurisdiction in lieu of arbitration. However, any such claim may proceed only on an individual basis and not a class or other non-individual basis. The parties’ agreement not to require arbitration for small claims court claims does not waive any other provision of this Section 16.
(c) Third-Party Claims
This Section 16 shall be binding upon and shall include any claims relating to your use of the Services or this Agreement brought by or against any third parties, including but not limited to any of your spouses, heirs, guests, assigns, or purported third-party beneficiaries.
This Section 16 survives any termination of the Agreement or your relationship with Argo.
If any portion of this Section 16 is found to be unenforceable or unlawful for any reason, the unenforceable or unlawful provision shall be severed from this Section 16 and the remainder of Section 16 shall remain in effect, except that the parties do not consent to class or other non-individual arbitration under any circumstances.
(f) Arbitration Rules
The arbitration conducted pursuant to this Section 16 shall be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules (“AAA Rules”) then in effect, except as modified by this Section 16. The AAA Rules are available at www.adr.org and https://www.adr.org/sites/default/files/Consumer_Rules_Web_2.pdf, or by calling the AAA at 1-800-778-7879.
The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of this Agreement, including any claim that all or any part of this Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether this Agreement is applicable, unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. If there is a dispute about whether this Agreement can be enforced or applies to a dispute, you and Argo agree that the Arbitrator will decide that issue.
Notwithstanding any choice of law or other provision in this Agreement, the parties agree and acknowledge that this Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”) will govern its interpretation and enforcement and proceedings pursuant thereto, but if the FAA is inapplicable for any reason, then this Section 16 shall be governed by the laws of the Commonwealth of Pennsylvania, without regard to choice of law principles, and shall be governed as a statutory arbitration agreement under the Pennsylvania Uniform Arbitration Act, 42 Pa. Cons. Stat. § 7302 et seq.
(g) Pre-Arbitration Dispute Resolution and Notification
Prior to initiating an arbitration, you and Argo each agree to notify the other party in writing of any dispute and to attempt to negotiate an informal resolution. Notice of the dispute must include the party’s name, preferred contact information, a brief description of the dispute, and the relief sought. Notice to Argo must be sent to email@example.com.
Neither party shall initiate arbitration until 30 days after the notice is sent. Engaging in this pre-arbitration dispute resolution and notification process is a requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal resolution process required by this paragraph.
(h) Initiating Arbitration
In order to initiate arbitration following resolution of the informal process set forth above, a party must provide the other party with a written Demand for Arbitration and file the Demand with the AAA as specified in the AAA Rules (the AAA provides a form Demand for Arbitration – Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879 or the number then in effect). A party initiating an arbitration against Argo must send the written Demand for Arbitration to firstname.lastname@example.org. The Arbitrator will be either (1) a retired judge or (2) an attorney licensed to practice law in at least one state within the United States. The Arbitrator will be selected by the parties from the AAA’s National Roster of Arbitrators. If the parties are unable to agree upon an Arbitrator after a good faith meet and confer effort, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
(i) Arbitrator’s Award
The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator’s decision shall be final and binding on all parties. The Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration, you may seek an award of attorneys’ fees and expenses to the extent permitted under applicable law. Argo will not seek, and hereby waives all rights Argo may have under applicable law to recover, attorneys’ fees and expenses if Argo prevails in arbitration, unless the Arbitrator determines that the claim is frivolous or brought for an improper purpose.
(j) Arbitrator’s Fees
Your responsibility to pay any AAA filing, administrative, and arbitrator fees will be solely as set forth in the AAA Rules.
This Agreement and your access to and use of the Services will be governed by, and construed and enforced in accordance with, the laws of the Commonwealth of Pennsylvania without regard to conflict of law rules or principles of Pennsylvania or any other jurisdiction.
Any dispute between the parties, other than the arbitrations and small claims court proceedings allowed in Section 16, shall be resolved in the state or federal courts sitting in Allegheny County, Pennsylvania.
You and Argo both submit to the personal jurisdiction of the state and federal courts sitting in Allegheny County, Pennsylvania for all claims arising out of or relating to this Agreement or your use of the Services.
Argo may immediately terminate this Agreement or any Services with respect to you, and may generally cease offering or deny access to the Services or any portion thereof, at any time and for any reason. You may discontinue your use of the Services at any time and for any reason.
Argo may make changes to this Agreement from time to time in its sole discretion. If Argo makes changes, it will provide you with notice of such changes, such as by sending an email, providing a notice through the Services, or updating the date at the top of this Agreement. Unless Argo says otherwise in its notice, the amended Agreement will be effective immediately and your continued access to, and use of, the Services after Argo provides such notice will confirm your acceptance of the changes. If you do not agree to the amended Agreement, you must stop accessing and using the Services.
You may not assign this Agreement without Argo’s prior written approval. Argo may assign this Agreement without your consent to: (a) a subsidiary or affiliate; (b) an acquirer of all or substantially all of Argo’s ownership interests, business or assets; or (c) a successor by merger or other change in control transaction. Any purported assignment by you in violation of this section shall be void.
No joint venture, partnership, employment, or agency relationship exists between you, Argo or any third-party as a result of this Agreement or your use of the Services.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. This provision shall not affect the Severability and Survivability section of Section 16 hereof.
Argo’s failure to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Argo in writing.
This Agreement is intended for the sole benefit of you and Argo, assignees permitted by this Agreement, and if Section 26(h) is applicable, Apple. There are no intended or third-party beneficiaries to this Agreement except, if Section 26(h) is applicable, Apple.
Should you have any questions regarding this Agreement, please contact Argo at email@example.com. Should you have any questions regarding the Services, please contact Argo at firstname.lastname@example.org or as otherwise detailed on https://www.argo.ai/contact-us/.
The following terms apply if you are accessing or using our App on an Apple Inc. (“Apple”) branded mobile device:
(a) Acknowledgement. This Agreement is concluded between Argo and you only, and not Apple, and, as between Apple and Argo, Argo is solely responsible for the App and the content thereof.
(b) Scope of License. The license granted to you for the App under this Agreement is limited to a non-transferable license to use the App on any Apple-branded products that you own or control, and as permitted by the Apple Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the App may be accessed, acquired, and used by other accounts associated with the purchaser via “Family Sharing” or volume purchasing.
(c) Maintenance. Argo is solely responsible for providing maintenance and support services with respect to the App. You and Argo each acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App.
(d) Warranty. To the effect not effectively disclaimed under this Agreement, Argo is solely responsible for any warranties, whether express or implied by law. In the event of any failure of the App to conform to any applicable warranty not effectively disclaimed under this Agreement, you may notify Apple, and Apple will refund the purchase price (if any) for the App; and you agree that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Argo’s sole responsibility.
(e) Liability. Subject to the terms of this Agreement, Argo, and not Apple, is responsible for addressing any claims of yours or any third party relating to the App or your possession or use of the App, including: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(f) IP Claims. Subject to the terms of this Agreement, in the event of any third-party claim that the App or your possession and use of the App infringes any third party’s intellectual property rights, Argo, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
(g) Third Party Terms of Agreement. In addition to the terms and conditions contained elsewhere in this Agreement, you must comply with applicable third-party terms of agreement when using the App.
(h) Third Party Beneficiaries. Apple and its subsidiaries are third party beneficiaries of this Agreement, and Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.