CarSage User Agreement

Last Updated: January 01, 2025

1. Acceptance and Eligibility

This User Agreement (the "Agreement") is a legally binding contract between you (the "User," "you," or "your") and Stochastic Mind Limited, a company registered in England and Wales with its registered office at 86-90, Paul Street, London EC2A 4NE ("Stochastic Mind," "we," "us," or "our"), governing your use of the CarSage mobile application (the "App") and related services (collectively, the "Services").

1.1 Acceptance

By downloading, installing, accessing, or using the Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree to any term of this Agreement, you must not use the Services.

1.2 Eligibility

To use the Services, you must be at least 18 years old and capable of forming a binding contract. By using the Services, you represent and warrant that you meet these eligibility requirements.

1.3 Modifications

We reserve the right to modify this Agreement at any time by posting the revised agreement within the App. Your continued use of the Services following the posting of a revised Agreement constitutes your acceptance of such changes.

2. Service Description and Limitations

2.1 Service Overview

The Services provide algorithmic vehicle value forecasting and market analysis tools using artificial intelligence and machine learning technologies. These tools generate projections of vehicle values based on current market conditions and historical data.

2.2 Non-Advisory Nature of Services

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

(a) The Services are for informational purposes only and do not constitute financial, investment, tax, or legal advice;

(b) All vehicle valuations and forecasts are algorithmic projections based on market data and should not be considered as guarantees or definitive valuations;

(c) Any decisions you make based on information provided through the Services are made at your sole discretion and risk;

(d) We do not recommend or advise on any particular vehicle purchase, sale, or financial decision.

2.3 Service Limitations

You specifically acknowledge and accept that:

(a) The Services currently support a limited number of vehicle manufacturers (approximately 20 makes) and their associated models;

(b) Vehicle support is limited to specific makes, models, and configurations as displayed within the App;

(c) You are responsible for verifying the availability of specific vehicle makes and models before purchasing credits;

(d) We make no guarantees regarding the availability of specific makes, models, or configurations;

(e) We may modify, update, or discontinue support for any vehicle make, model, or configuration at any time without notice.

3. Credits and Payment Terms

3.1 Credit System

Access to vehicle value forecasts requires credits ("Credits"). You acknowledge and agree that:

(a) Credits are purchased through Apple's In-App Purchase system;

(b) Credits expire automatically one (1) year from the date of purchase;

(c) We reserve the right to remove expired Credits without notice or compensation;

(d) Credits are non-transferable and non-refundable once consumed;

(e) No refunds will be provided for purchased Credits, whether used or unused;

(f) Credits have no cash value and cannot be exchanged for cash or other consideration.

3.2 Pricing and Payment

All payments are processed through Apple's In-App Purchase system. You agree that:

(a) All purchases are final and non-refundable;

(b) We may modify Credit pricing at any time without prior notice;

(c) We reserve the right to introduce, modify, or remove credit requirements for any features or services, including car valuations and updates, at any time without prior notice;

(d) You must pursue any payment disputes through Apple's standard refund process;

(e) We are not responsible for any payment processing issues or disputes between you and Apple.

4. Data and Forecasting Services

4.1 Market Data

You acknowledge and understand that:

(a) Our market data is collected from various public sources and reflects current market conditions;

(b) Market data updates occur periodically, typically monthly or quarterly;

(c) The accuracy of forecasts depends on the availability and accuracy of market data;

(d) Market conditions and vehicle values may change significantly between data updates;

(e) Historical data and past performance do not guarantee future results.

4.2 DVLA Integration

The Services may include vehicle information lookup through the Driver and Vehicle Licensing Agency (DVLA). You acknowledge and agree that:

(a) DVLA lookup is an optional feature and not essential to the Services;

(b) We have no control over DVLA services' availability, accuracy, or performance;

(c) We bear no responsibility for any delays, errors, or unavailability of DVLA services;

(d) You should proceed without DVLA lookup if the service is unavailable or produces errors;

(e) We make no warranties regarding the accuracy or completeness of DVLA data.

4.3 Algorithmic Forecasting

You expressly acknowledge that:

(a) All forecasts are generated through artificial intelligence and machine learning algorithms;

(b) Forecasts are based on historical data and current market conditions;

(c) The accuracy of forecasts can be affected by numerous factors outside our control;

(d) Forecasts should be considered as estimates rather than guaranteed values;

(e) We do not guarantee the accuracy, completeness, or reliability of any forecast.

5. User Responsibilities

5.1 Accurate Information

You are solely responsible for:

(a) Providing accurate and complete information about vehicles;

(b) Verifying the availability of specific vehicle makes and models before purchasing Credits;

(c) Understanding that forecast accuracy depends on the accuracy of provided information;

(d) Making independent assessments of any forecast or valuation.

5.2 Prohibited Activities

You agree not to:

(a) Use the Services for any unlawful purpose;

(b) Attempt to reverse engineer or circumvent any aspect of the Services;

(c) Use automated systems to access or extract data from the Services;

(d) Share, resell, or redistribute forecasts or valuations obtained through the Services;

(e) Use the Services in any manner that could damage or impair the Services.

6. Disclaimers and Warranties

6.1 Service Disclaimer

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO:

(a) MERCHANTABILITY;

(b) FITNESS FOR A PARTICULAR PURPOSE;

(c) NON-INFRINGEMENT;

(d) ACCURACY OF RESULTS;

(e) RELIABILITY OF FORECASTS;

(f) AVAILABILITY OF SPECIFIC VEHICLE MAKES OR MODELS.

6.2 Forecast Accuracy

We do not guarantee that:

(a) Any forecast will be accurate or complete;

(b) The Services will meet your requirements;

(c) The Services will be uninterrupted or error-free;

(d) Errors or inaccuracies will be corrected.

7. Limitations of Liability

7.1 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, STOCHASTIC MIND LIMITED SHALL NOT BE LIABLE FOR ANY:

(a) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES;

(b) LOSS OF PROFITS OR REVENUE;

(c) LOSS OF DATA OR USE;

(d) COST OF SUBSTITUTE GOODS OR SERVICES;

(e) FINANCIAL LOSSES ARISING FROM RELIANCE ON FORECASTS OR VALUATIONS;

(f) DAMAGES ARISING FROM ANY INVESTMENT OR PURCHASING DECISIONS MADE BASED ON THE SERVICES.

7.2 Cap on Liability

NOTWITHSTANDING ANYTHING TO THE CONTRARY, OUR TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID FOR CREDITS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

8. Intellectual Property Rights

8.1 Ownership

All rights, title, and interest in and to the Services, including all intellectual property rights, are and will remain the exclusive property of Stochastic Mind Limited and its licensors.

8.2 License Grant

Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to use the Services solely for your personal, non-commercial purposes.

9. Term and Termination

9.1 Term

This Agreement remains in effect until terminated by either party.

9.2 Termination Rights

We reserve the right to suspend or terminate your access to the Services:

(a) Immediately and without notice for any reason;

(b) Without liability to you;

(c) Without obligation to provide a reason.

9.3 Effect of Termination

Upon termination:

(a) Your right to access and use the Services will cease immediately;

(b) Any unused Credits will be forfeited without compensation;

(c) Sections that by their nature should survive will survive termination.

10. Governing Law and Jurisdiction

10.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of England and Wales.

10.2 Jurisdiction

The courts of England and Wales shall have exclusive jurisdiction to settle any dispute arising out of or in connection with this Agreement.

11. General Provisions

11.1 Entire Agreement

This Agreement constitutes the entire agreement between you and Stochastic Mind Limited regarding the Services.

11.2 Severability

If any provision of this Agreement is found to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.

11.3 No Waiver

No failure or delay in exercising any right shall constitute a waiver of such right.

11.4 Assignment

You may not assign or transfer any rights under this Agreement. We may assign our rights without restriction.

11.5 Force Majeure

We shall not be liable for any failure to perform due to causes beyond our reasonable control.

11.6 Contact Information

For questions about these terms, please contact us at legal@carsage.app

By using the Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement.