Terms of Service
1) Acceptance of Terms
These Terms of Service (the “Terms”) govern your access to and use of the NavMiles mobile application, websites, content, products, and services (collectively, the “Service”). The Service is owned and operated by Mcuztoms LLC (“Company,” “we,” “us,” “our”). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
2) Eligibility & Account
You must be at least 16 years old (or the age of legal driving in your jurisdiction, if higher) to use the Service. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to provide accurate, current, and complete information and to promptly update it as needed.
3) Subscriptions, Billing & Refunds
Some features of the Service require a paid subscription. By starting a subscription, you authorize us and/or our payment processors (including the applicable app store) to charge your selected payment method on a recurring basis until canceled. Prices and features may change with notice as required by law.
Refunds: Except where required by law or expressly stated otherwise, all fees are non-refundable. If you believe you were charged in error, contact us at support@navmiles.com within 10 days of the charge. You may cancel at any time via your device’s app store settings or in-app where available. Cancellation takes effect at the end of the current billing period. No prorated refunds are provided unless required by law.
4) Safety; No Professional Advice
Drive safely. Do not interact with the app while driving unless allowed by applicable law and it is safe to do so. Mount your device in a legal, secure manner and comply with all traffic laws. The Service provides informational tools only and does not replace your judgment, vehicle instrumentation, or official traffic guidance. We do not provide legal, financial, mechanical, or professional advice.
5) Acceptable Use
You agree not to: (a) use the Service for any unlawful purpose; (b) infringe or violate others’ rights; (c) decompile, reverse engineer, or attempt to extract source code (except to the extent such restrictions are prohibited by law); (d) access the Service via automated means not provided by us; (e) interfere with or disrupt the Service; (f) upload malicious code or data; or (g) circumvent any usage limits or access controls.
6) User Content & Feedback
You retain ownership of content you submit, but grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, distribute, publicly perform, and display such content solely for operating, improving, and promoting the Service. You represent that you have all rights necessary to grant this license. You agree we may use any feedback without obligation to you.
7) Third-Party Services & Data
The Service may display or rely on third-party data (e.g., maps, routing, fuel prices) and services. We do not control and are not responsible for third-party content or availability. Your use of third-party services may be subject to their terms and privacy policies.
8) Beta & Experimental Features
From time to time, we may offer beta or experimental features. These features are provided “as is”, may be modified or discontinued at any time, and may have errors. Your use is at your sole risk.
9) Ownership; License to You
We and our licensors own all rights, title, and interest in and to the Service and its content, including all intellectual property rights. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your personal, non-commercial use.
10) Privacy
Our collection and use of personal data is described in our Privacy Policy. By using the Service, you consent to our data practices as described there.
11) Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE, UNINTERRUPTED, OR SECURE.
12) Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY (MCUZTOMS LLC), ITS AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TOTAL COMPENSATION CAP: TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID TO US FOR THE SERVICE IN THE ONE (1) MONTH IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; IF APPLICABLE LAW DOES NOT ALLOW THE ABOVE LIMITATIONS, THEY SHALL APPLY TO THE FULLEST EXTENT PERMITTED.
13) Indemnification
You agree to defend, indemnify, and hold harmless Mcuztoms LLC, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from or related to: (a) your use of the Service; (b) your violation of these Terms; or (c) your violation of any law or third-party rights.
14) Driving & Vehicle Risks
You understand that driving involves risk of accidents, property damage, personal injury, and death. You assume all risks associated with driving and the use of the Service in a vehicle. The Service does not control your vehicle, does not replace safe driving practices, and may not reflect real-time road, weather, or traffic conditions.
15) Suspension & Termination
We may suspend or terminate your access to the Service at any time, with or without notice, if we believe you have violated these Terms or for any reason in our discretion. Upon termination, your right to use the Service will immediately cease, but the following sections will survive: 6, 7, 8, 9, 11–20.
16) Changes to the Service or Terms
We may modify or discontinue the Service (in whole or part) at any time. We may also update these Terms from time to time. If we make material changes, we will provide notice as required by law. Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms.
17) Governing Law; Venue
These Terms are governed by the laws of the State of Michigan, without regard to its conflicts of law rules. Subject to the arbitration provision below, exclusive venue for any permitted court action is in the state or federal courts located in Kent County, Michigan, and you consent to personal jurisdiction there.
18) Binding Arbitration; Class-Action Waiver
Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding, individual arbitration administered by a recognized provider (e.g., AAA) under its applicable rules. Arbitration will take place in Kent County, Michigan (or by video/teleconference if mutually agreed). Judgment on the award may be entered in any court of competent jurisdiction.
Class-Action Waiver: You and Company agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate claims or preside over any form of representative or class proceeding.
Small Claims Exception & Opt-Out: Either party may seek relief in small claims court for qualifying disputes. You may opt out of arbitration within 30 days of first accepting these Terms by emailing support@navmiles.com with the subject “Arbitration Opt-Out” and your account details.
19) Force Majeure
We are not liable for any delay or failure to perform due to causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, government actions, internet or telecommunications failures, or third-party service interruptions.
20) Miscellaneous
These Terms constitute the entire agreement between you and us regarding the Service and supersede all prior agreements. If any provision is held unenforceable, it will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force. You may not assign these Terms without our prior written consent; we may assign them without restriction. No waiver is effective unless in writing and signed by us.
21) Contact
For questions, support, or billing issues, contact: support@navmiles.com
Company: Mcuztoms LLC