These Terms of Use form the End User License Agreement (EULA) between you (the “user”) and We Up LLC (the “developer”) governing your use of Trip Rank - The Speed Tracker (the “app”). By downloading, installing, or using the app you agree to this EULA. This agreement incorporates the minimum terms that Apple Inc. requires for licensed applications, because Trip Rank uses this custom EULA in place of Apple’s standard license agreement.
This EULA is concluded between We Up LLC and you only, and not with Apple. We Up LLC, not Apple, is solely responsible for the app and its content. Apple is not a party to this agreement.
We Up LLC grants you a limited, non-exclusive, non-transferable license to use the app for your personal, non-commercial purposes. You may use the app on any Apple-branded products that you own or control, and as permitted by the Usage Rules set forth in the Apple Media Services / App Store Terms of Service. This license does not allow you to use the app on any device you do not own or control, and you may not distribute or make the app available over a network where it could be used by multiple devices at the same time.
Trip Rank Pro is an optional, auto-renewable subscription offered in Weekly, Monthly, and Annual options. Payment is charged to your Apple ID account at confirmation of purchase.
We Up LLC is solely responsible for providing any maintenance and support services for the app. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the app. For support, contact us at saldadzegoga@gmail.com.
We Up LLC is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the app to you. 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 We Up LLC’s sole responsibility.
We Up LLC, not Apple, is responsible for addressing any claims by you or any third party relating to the app or your possession and/or use of the app, including, but not limited to: (a) product liability claims; (b) any claim that the app fails to conform to any applicable legal or regulatory requirement; (c) claims arising under consumer protection, privacy, or similar legislation; and (d) intellectual property claims.
In the event of any third-party claim that the app or your possession and use of the app infringes that third party’s intellectual property rights, We Up LLC, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
Trip Rank records driving telemetry such as speed, distance, and g-force. The app must never be operated by the driver while the vehicle is in motion. You are solely responsible for the safe and lawful operation of your vehicle and for obeying all speed limits and traffic laws at all times. Trip Rank does not encourage, reward, or promote speeding, racing on public roads, or any unsafe or unlawful driving. Never let the app distract you from driving.
You agree not to misuse the app. You will not reverse engineer, decompile, disassemble, or attempt to derive the source code of the app, except to the extent that such restriction is prohibited by applicable law. You will not use the app for any unlawful purpose or in any way that could damage, disable, or impair the app or interfere with any other party’s use of it.
You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
The app is provided “as is” and “as available”, without warranty of any kind to the maximum extent permitted by applicable law. To the maximum extent permitted by applicable law, We Up LLC will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of data, profits, or revenue, arising out of or relating to your use of or inability to use the app, even if advised of the possibility of such damages.
You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this EULA, and that, upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary of it.
This EULA is effective until terminated by you or We Up LLC. Your rights under this license will terminate automatically and without notice if you fail to comply with any term of this EULA. Upon termination, you must stop all use of the app and delete all copies.
Questions about these terms? Reach We Up LLC at saldadzegoga@gmail.com.
We may update these terms from time to time. When we do, we will revise the effective date at the top of this page. Continued use of the app after a change means you accept the updated terms.