Description of the Service

Miles provides a service to help people track their revenue, expenses, and other important financial data. Independent contractors and others use the service to manage various aspects of their business. Miles allows and facilitates for users to pass their expense tracking information to tax professionals to help them prepare their tax returns. Through the Services, you may be able to access, and post Content to, our platform and related services. “Content” includes any materials that you or other Users post to our Service, including articles, photos, videos, discussion posts, income and expense information, and other information about your or another User’s business, company or professional services. The Services may also enable you to comment upon certain Content that our other Users have posted to the Service. Further, the Services may also provide you with access to features and content that are provided by Miles.

For more information about the Service, please contact us at mailto:support@miles.co.

 

Miles App, LLC. – Terms Of Service

Last Revised: March 2017

This Terms of Service Agreement (the “Terms” or Agreement”) is an agreement between you (the “User” or “your”) and Miles App, LLC (“Miles” “we” us” or “our”). We work with Users to create an easy to use tool that can track and log your mileage. These Terms apply to your use of www.milesapp.net and any related websites or platforms, and all other online products and services (collectively, the “Service” or the “App”) of Miles. This Agreement explains our obligations to you, and your obligations to us. By using the Service in any way you are agreeing to comply with these Terms, our Privacy Policy and any other legal notices or conditions or guidelines posted on the site or on the App. If you have been provided access to the Service through your relationship with a third-party company, you acknowledge that such company is not a party to this Agreement.

 

Changes to these Terms

These Terms may be changed from time to time. You should review the Terms regularly to know about our practices. If changes are made, the date at the top of the policy will be updated indicating to you that a change has been made. We may at our discretion, provide you with additional notice (such as sending you an email notification). Any changes we make to these Terms will be effective when they are posted. If you use the Service after we have posted the changed Terms, then you have accepted the changes to these Terms.

 

Privacy Policy

For information about how we collect, use and share information about you via the Service, please see our Privacy Policy.

 

Right to Use the Service

So long as you fully comply with these Terms, Miles grants you a limited, nonexclusive, non-transferable and revocable license to access and use the Service.

Except as expressly authorized by these Terms, you may not: (a) disassemble, decompile or reverse engineer any of the software components of the Service; (b) license, sublicense, resell, distribute, lease, rent, lend, transfer, assign or otherwise dispose of the Service; (c) modify, disclose, alter, translate or create derivative works of the Service; (d) copy, frame or mirror any part of the Service; (e) interfere with or disrupt the integrity or performance of the Service; or (f) attempt to gain unauthorized access to the Service or its related systems or networks.

 

Account Creation

When you create a member account, you agree to maintain the security of your password. If anyone other than yourself accesses your account, they may perform any actions available to you, and accept any legal terms available therein, all such activity will be deemed to have occurred on your behalf and in your name. You are encouraged to keep your log-in credentials confidential. A compromised password can lead to your sensitive and personal information being leaked. If you discover or suspect any Service security breaches, inform us immediately. You represent and warrant to us that all information that you provide in connection with your account is accurate, truthful, current and complete. Miles reserves the right to deny, deactivate, or terminate any account at our discretion.

 

License

Subject to the terms, conditions and limitations set forth in the Terms, Miles grants you a nonexclusive, worldwide, personal, non-assignable, non-sub licensable, non-transferable and revocable license to use Miles on any mobile device that you own or control. The terms of the license will also govern any upgrades provided by Miles that replace and/or supplement the original Miles, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.

 

Restrictions

You agree not to do, or authorize or permit any third-party to do, any of the following: (i) rent, lease, lend, sell, redistribute or sublicense Miles; (ii) take any action that would result in Miles becoming available over a network where it could be used by multiple devices at the same time; (iii) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of Miles, or any updates or any part thereof (except as and only to the extent any of these restrictions are prohibited by applicable law); or (iv) remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in Miles. If you violate any of the restrictions set forth in the Terms, your rights use Miles will immediately cease, and you will have infringed the copyright and other rights of Miles, which may subject you to prosecution and damages. Miles reserves all rights not expressly granted to you in the Terms.

 

Subscription Terms

Miles offers a free version, but access to the premium features is only available through a subscription. “Miles Premium”, our paid subscription product, is available for $4.99 per month for monthly subscriptions or $49.99 per year for annual subscriptions, or as otherwise agreed to in writing by Miles. Pricing is subject to change. The benefits associated with Miles Premium are subject to change on an ongoing basis. Subscriptions renew automatically for successive monthly or annual subscription periods (as applicable) until cancelled.

If you initiated your Miles subscription through Apple or Google, Payment will be charged to iTunes or Google Play Account at confirmation of purchase. Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period and the Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal. Subscriptions may be managed and auto-renewal may be turned off by going to the Account Settings after purchase. Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable. You can visit their respective support pages online for information about managing your auto-renewing subscription.

If you initiated your Miles subscription from Miles, please contact Miles at support@Miles.com with your written request for cancellation. Cancellations received with at least seven (7) days prior notice are effective at the end of the then-current subscription period; cancellations received fewer than seven (7) days before the end the then-current subscription period are effective at the end of the next subscription period. Miles may cancel your subscription with or without cause at any time. If Miles cancels your subscription without cause before the end of your subscription period, you may be entitled to a refund (prorated for the time remaining on your subscription period). Otherwise, subscriptions are non-refundable except as expressly set forth in writing by Miles. Termination of your Miles subscription will automatically terminate these Terms.

 

Service and Discount Codes

Miles at its discretion may issue codes that allow you to receive a discount to Miles Premium or other benefits. Discount or Service codes, if available, must be redeemed at the time you order a subscription to Miles and cannot be combined with any other discounts, promotions or offers without Miles’ express consent. Redemption of service codes is subject to Miles’ approval and valid registration with Miles. Service codes are not transferable except with our express consent. You are solely responsible for the payment of any taxes that you incur as a result of using any service code. Additional services code terms may apply.

 

Informational Purposes Only

The Services are for your basic informational purposes only. Miles does not provide professional or legally binding tax or legal services. You in your sole discretion must decide whether or not to utilize the platform provided by Miles. While we offer information and tools to help you manage your business, we do not provide professional advice and have no liability for your reliance on any information obtained through your use of the Services (whether provided by Miles or its users).

 

Miles’s Rights

You own all of your Content. However, when you post, link or otherwise make available Content to the Service, you grant us a nonexclusive, royalty-free, perpetual, irrevocable and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content throughout the world in any manner or media, on or off the Service. As between you and Miles, all information, materials and content of the Service, including text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, queries, algorithms and other content is owned by Miles or is used with permission. Miles reserves all rights not expressly set forth in these Terms.

 

Third Party Materials

Third party content or services may be made available on or through the Services as a convenience to our users (for example, links to third party websites) (“Third Party Materials”). Third Party Materials is not under our control nor does Miles endorse it, nor are we responsible for reviewing the accuracy of any Third Party Materials. Your business dealings or correspondence with third parties, and any terms, conditions, warranties or representations applicable to any Third Party Materials, are solely between you and the applicable third party. When you leave our Services, these Terms and all other Miles policies will not govern your use of other websites and services.

 

Personal Data Collected by Third Parties

Personal Data about you might be given to us from other sources such as in-app chat support, email, telephone, or from companies that distribute the Services by way of a co-branded or private-labeled website, companies that offer their products and/or services via the Services, or companies that provide services (such as payment processing services) in connection with the Services (collectively, “Partner Companies”). Our Partner Companies may supply us with Personal Data that was not already available to us. We may add this information-to-information we have already collected via our Services in order to perform and improve the Services. This Privacy Policy applies only to the use and disclosure of Personal Data that we collect while you use the Services. When you click on a third party link, you will leave our site and go to another site. Your connection to and use of such third party website and/or services are subject to such third party’s terms and conditions and privacy policy.

 

Location Information

Miles collects location information and it will be used and disclosed as described in the Privacy Policy. You acknowledge and agree that by accepting the Terms you are consenting to Miles’ collection and use of that information as it sees fit.

You may revoke your consent with respect to Miles’s collection, use, disclosure and storage of your location information at any time by contacting support@Miles.com and deleting the app from your mobile device. If you revoke your consent by doing one of the foregoing or you delete or deactivate your account, we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period of time.

 

Third-Party Beneficiary

Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms and the parties acknowledge and agree that upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce any of the terms and conditions of the Terms against you as a third-party beneficiary thereof.

 

Miles Referral Program Terms and Conditions

The Referral Terms (the “Referral Terms”) as described below, are in addition to the Terms of Service available at https://Miles.com/terms-of-service. Capitalized terms not defined herein are defined in our Terms of Service.

 

Referral Program Description

Miles may offer a referral program (“Referral Program”) to its users (“Referring Users”) permitting such Referring User to earn Miles credits by inviting or referring another person who does not have a current or past paid Miles account (a “Referred User”), to sign up for a paid subscription to Miles using the Referring User’s Referral Link (defined herein). Referred Users and Referring Users are eligible for a one-time discount or credit on their first annual subscription fee when they use a Referring User’s Referral Link to sign up for an account, as further described in these Referral Terms.

 

Acceptance of these Referral Terms

If you participate in the Referral Program in any way, you agree to be bound by these Referral Terms. If you do not agree to all of the terms and conditions of these Referral Terms, you may not participate in the Referral Program. We reserve the right to change any of the terms and conditions contained in these Referral Terms at any time. Changes may be made in our sole discretion, and will be memorialized by posting revised Referral Terms in accordance with our Terms of Service. If you do not agree to these Referral Terms or any revised version of these Referral Terms, your sole recourse is to terminate your participation in the Referral Program. Except as otherwise expressly stated by us, your participation in the Referral Program is subject to, and constitutes your acceptance of, the version of these Referral Terms in effect at the time of your participation in the Referral Program. Any changes to these Referral Terms will apply to use of a Referral Link by a Referred User even if the Referral Link was sent prior to the revised Referral Terms effectiveness.

 

Ways to Refer Others

We may provide you with a hyperlink, text link, badge, button, or other code containing a URL link unique to your Miles account (a “Referral Link”), which you may share with your contacts.

 

Referred User Discount

Subject to these Referral Terms, a Referred User may receive a discount (the “Discount”) toward an annual subscription to Miles or credit (the “Credit”). Referred Users will be required to register and to accept our Terms of Service in order to use the Miles services and to take advantage of the Discount or Credit. The Discount shall only apply toward a Referred User’s first annual subscription fee, and without limiting the foregoing, will not apply to (I) subsequent renewal subscription fees; (ii) any subscription plan other than the annual plan, including the monthly subscription plan, or (iii) any other fees or charges which may apply to a Referred User’s use of the Miles services.

 

Restrictions and Limitations of Referral Program

You may not engage in any fraudulent or deceitful behavior in connection with the Referral Program, including, without limitation, if you, directly or indirectly, offer any person a financial or other incentive to use your Referral Link or attempt to redirect traffic from, or divert Referral Rewards from, any other participant in the Referral Program. You may not use “bots,” “spambots,” “scrapers,” or any program or means designed to automatically send your Referral Link to third parties, or attempt to use your own Referral Link by registering for an additional account with Miles. Referring Users and Referred Users will not be eligible to receive a Credit or Discount, respectively, if such user violates these Referral Terms or the Terms of Service. We reserve the right, in our sole discretion, to delay the delivery of a Credit or the honoring of a Discount while we investigate your participation in the Referral Program or any use of a Referral Link.

 

Non-Exclusive

You acknowledge and agree that we may, at any time, solicit customer referrals via any method in our sole discretion. The Referral Program is non-exclusive.

 

Termination or Suspension of Referral Program

We may, in our sole discretion, suspend, limit, or terminate the Referral Program and terminate these Referral Terms and Conditions for any reason at any time, with or without providing notice to you. Termination of the Referral Program and these Referral Terms will not automatically result in the termination of our Terms of Service or your Miles account, unless otherwise specified by us. However, termination of our Terms of Service or your Miles account will result in the automatic termination of your participation in the Referral Program and termination of these Referral Terms. Upon termination of these Referral Terms, you must immediately cease all use of Referral Links, and any Credit earned but unpaid as of the date of termination will remain payable, unless we terminate these Referral Terms for your breach of these Referral Terms or our Terms of Service. Provisions of these Referral Terms that, by their nature, should survive termination of these Referral Terms will survive termination of these Referral Terms.

 

Referral Program Privacy

When a Referring User shares their Referral link with a third party through the Miles services, we may collect certain information about such third party as provided by the Referring User. Please see our Privacy Policy for information about how we collect, use, and disclose such information.

 

Referral Program Questions or Concerns

If you have any questions, comments, or concerns regarding these Referral Terms or the Referral Program, please contact us at mailto:support@miles.co. Any suggestions, comments or other feedback you give us about the Service will become the property of Miles. We are free to use, disclose, reproduce, license, distribute and exploit this feedback as we see fit, without compensation to you or any obligation or restriction because of any intellectual property rights or otherwise.

 

Relationship with Miles

Your use of the Services does not create any other type of relationship between you and Miles App, LLC. Including but not limited to any agency, partnership, joint venture, or employment relationship, or any obligations by Miles to you or any other User except as otherwise expressly stated in these Terms or any other written agreement signed by an authorized agent of Miles.

 

Disclaimers

THE SERVICE AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE (INCLUDING THIRD PARTY MATERIALS) ARE PROVIDED TO YOU ON AN AS-IS OR AS-AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE (INCLUDING THIRD PARTY MATERIALS) WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.

 

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT WILL MILES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR TO THE SERVICES OR ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES (INCLUDING THIRD PARTY MATERIALS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, BY STATUTE OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES OR ARE AWARE OF THE POSSIBILITY OF THESE DAMAGES; AND (B) THE AGGREGATE LIABILITY OF MILES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING AS A RESULT OF MILES’S ALLEGED NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICES EXCEED ANY AMOUNTS PAID BY YOU TO Miles FOR THE SERVICES.

 

Indemnification

You will defend, indemnify Miles and its affiliates, directors, officers, employees, strategic partners, licensors, and any other related party against all liabilities, damages, losses, costs, fees (including legal fees) and expenses arising from or related to any conduct with respect to the Service or violation (or alleged violation) of these Terms or the rights of any third party by you or any person using your Miles account.

 

Changes to the Service

Miles reserves the right to make changes to the Terms from time to time. When changes are made, Miles will make a new copy of the Terms available. Miles will not be liable to you or any third party for any changes or discontinuance of the Service or any part of the Service.

 

Consent to Electronic Communications

By using the Service, you agree that we may communicate with you electronically regarding your use of the Service and that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communications be in writing. To withdraw your consent from receiving electronic notice, please notify us at support@Miles.com.

 

Notice for California Users

Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210. If you are a California resident, you may have these Terms mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for these Terms.

 

Suspension and Termination

Miles may suspend or terminate your rights to access or use the Service for any reason or for no reason at all and with or without notice at Miles’s discretion. All of the terms of these Terms (excluding our license grants to you) will survive any termination or suspension. You may cancel your account at any time by contacting us at support@miles.co

 

Governing Law; Arbitration

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH MILES AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM MILES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL BE GOVERNED BY MISSOURI LAW, EXCLUDING MISSOURI’S CONFLICT OF LAWS RULES.

In the event of any controversy or claim arising out of or relating in any way to these Terms or the Service, you and Miles agree to consult and negotiate with each other and, recognizing your mutual interests, try to reach a solution satisfactory to both parties. If we do not reach settlement within a period of 60 days, then either of us may, by notice to the other demand mediation under the mediation rules of the American Arbitration Association in Kansas City, Missouri. We both give up our right to litigate our disputes and may not proceed to arbitration without first trying mediation, but you and Miles are NOT required to arbitrate any dispute in which either party seeks equitable and other relief from the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. Except as otherwise required under applicable law, you and Miles intend and agree: (1) not to assert class action or representative action procedures and agree that they will not apply in any arbitration involving the other; (2) not to assert class action or representative action claims against the other in arbitration or otherwise; and (3) will only submit individual claims in arbitration and will not seek to represent the interests of any other person or entity.

If settlement is not reached within 60 days after service of a written demand for mediation, any unresolved controversy or claim will be resolved by arbitration in accordance with the rules of the American Arbitration Association before a single arbitrator in Kansas City, Missouri. The language of all proceedings and filings will be English. The arbitrator will render a written opinion including findings of fact and law and the award and/or determination of the arbitrator will be binding on the parties, and their respective administrators and assigns, and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The expenses of the arbitration will be shared equally by the parties unless the arbitration determines that the expenses will be otherwise assessed and the prevailing party may be awarded its attorneys’ fees and expenses by the arbitrator. It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings will be concluded within 90 days from the date the arbitrator is appointed. The arbitrator may extend this time limit only if failure to do so would unduly prejudice the rights of the parties. Failure to adhere to this time limit will not constitute a basis for challenging the award. Consistent with the expedited nature of arbitration, pre-hearing information exchange will be limited to the reasonable production of relevant, non-privileged documents, carried out expeditiously.

 

General

Enforcement of these Terms is solely at Miles’s discretion. Failure to enforce any part of these Terms in some instances does not constitute a waiver of our right to enforce the same or other part of these Terms in other instances. As used in these Terms, “including” means “including (without limitation).” The section headings these Terms and are for reference purposes only and will not affect the meaning or interpretation of these Terms. You should never use an App while operating your vehicle.

 

Severability

If any provision of these Terms is or becomes unlawful, void or otherwise unenforceable (including the warranty disclaimers and liability limitations above), then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining provisions of these Terms will continue in full force and effect.

 

Developer Name and Address

Any end-user questions, complaints or claims with respect to Miles should be directed to:

Miles App, LLC.

127 W 10th Street, Suit 102

Kansas City, MO 64105

Email: support@miles.co