Terms Conditions
Terms & Conditions
THE AGREEMENT: The use of Cat DB app and services on this platform provided by D8ta Technologies LLC (hereinafter referred to as “Website or APP”) are subject to the following Terms & Conditions, all parts, and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on these platforms (hereinafter collectively referred to as “Platform”) and any services provided by or on these Platforms (“Services”).
DEFINITIONS
“Agreement” denotes to this Terms and Conditions, Conditions of Use and the Privacy Policy and other documents provided to you by the Platform.
“We”, “us” and “our” are references to CatDB.app and the Cat DB mobile app.
“User”, “You” and “your” denotes the person who is accessing the platform for taking or availing any service from us. User shall include the company, partnership, sole trader, person, body corporate or association taking services of this Platform.
” Platform” shall mean and include CatDB.app or CAT DB APP and any successor Platform of the Company or any of its affiliates.
Parties: Collectively, the parties to this Agreement (We and You) will be referred to as Parties.
ASSENT & ACCEPTANCE
PLEASE READ THESE TERMS OF USE, OUR PRIVACY POLICY, AND ALL APPLICABLE SUPPLEMENTAL TERMS (COLLECTIVELY, THE “TERMS”) CAREFULLY, AS THEY CONTAIN TERMS AND CONDITIONS THAT IMPACT YOUR RIGHTS, OBLIGATIONS AND REMEDIES IN CONNECTION WITH YOUR USE OF THE SERVICES AND CONTENT. FOR EXAMPLE, THE TERMS INCLUDE:
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YOUR OBLIGATION TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.
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LIMITATIONS OF OUR LIABILITY TO YOU; AND
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A REQUIREMENT THAT YOU PURSUE CLAIMS OR SEEK RELIEF AGAINST US (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, RATHER THAN AS A PARTICIPANT IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
YOUR ACCESS TO AND USE OF THE SERVICES IS CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH ALL APPLICABLE TERMS. If you do not agree to these Terms or our Privacy Policy, then please cease using the Services immediately. We reserve the right to change these Terms at any time (see “Changes to these Terms” below.) By accessing, browsing and/or using the Services after updates to these Terms have been posted, you agree to be bound by the updated Terms. THESE TERMS AND OUR PRIVACY POLICY CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND D8TA TECHNOLOGIES LLC.
Consequences of Non-Compliance
Your failure to comply with the Terms may result in the suspension or termination of your account and/or access to the Services and may subject you to civil and criminal penalties.
SUBJECT SERVICES
The App provides a pricing guide for scrap catalytic converters and other rebuildable or recyclable automotive parts .
Download Terms
Users and anyone else interested in the App can download it for free on their smartphone.
Terms before Subscription
The User attests to the accuracy of the information provided and commits to keeping it current on his Account.
Account creation via automated means and/or the use of a forged or fraudulent ID are prohibited.
SERVICES, CREDITS, AND SUBSCRIPTION
One search will use one Credit. There are three types of search credits, these can only be used for their defined purpose and are non-transferable.
- Code or No Code Search Credits
These search credits may only be used for searching the app by code or “no code”. The amount of credits are allocated either daily or monthly and the amount allocated is determined by your purchased subscription tier.
- Vehicle or VIN Search Credits
These search credits may only be used for searching the app by VIN or vehicle year, make, and model. The amount of credits are allocated either daily or monthly and the amount allocated is determined by your purchased subscription tier. Users are not charged credits for searches that do not yield results.
- Tokens
Tokens are credits that can be used on any type of search when the daily/monthly search credits have run out. These reward credits never expire, however you must have an active subscription (or trial) to use them. They are not purchasable and can only be earned by contributing to or engaging in the Cat DB community. More info here
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Subscriptions
Subscriptions offers and access to the database and additional features vary depending on tier level. Please note that the term “unlimited* code or no code searches” provided in our services description refers to a maximum limit of one thousand searches per day, as a precautionary measure to safeguard our database from potential malicious activities.
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Subscription cancellation
Subscriptions can be cancelled directly by logging into your Apple or Google play account or by contacting our support at help@catdb.app
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Refunds
Users that are banned due to suspected unauthorized use of will not be refunded for their subscription.
USER-GENERATED CONTENT POLICY
By uploading content on public social media and tagging Cat DB app, or sending content to Cat DB app via email, you agree that:
After moderation, we have exclusive permission to use, modify, publish, and publicly display the uploaded content through any web or mobile application.
The content does not infringe or violate the intellectual property rights, other rights, or applicable laws of any other person or entity.
OBLIGATIONS AND RESPONSIBILITIES OF CAT DB
· Obligations of Cat DB
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D8ta Technologies LLC commits to providing Users with Services that adhere to industry standards and applicable law.
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However, if the User’s access to the Services is suspended due to a smartphone failure or if the User is unable to use the Services due to D8ta Technologies LLC during the term of the Subscription, the Subscription will be automatically get extended for the User’s benefit for an amount equal to the duration of the suspension of the Services.
· Responsibility of D8ta Technologies LLC
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D8ta Technologies LLC is not responsible for the terminals’ compatibility.
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D8ta Technologies LLC makes no guarantee that the Services will be usable in the event of an Internet Service Provider failure, or in the event of non-functioning or poor access conditions caused by Internet congestion, or for any other reason beyond the control of D8ta Technologies LLC and its service providers, or in the event of “force majeure.”
INTELLECTUAL PROPERTY
You agree that the Platform and all Services provided by us are the property of D8ta Technologies LLC, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“Our IP”). You agree that we own all rights, title, and interest in and to Our IP and that you will not use Our IP for any unlawful or infringing purpose. You agree not to reproduce or distribute Our IP in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without express written permission from us.
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To make the Platform and Services available to you, you hereby grant us a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivative works of any content you publish, upload, or otherwise make available to the Platform (“Your Content”). We claim no further proprietary rights in your Content.
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If you feel that any of your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of our users, please contact us at help@catdb.app and let us know.
ACCEPTABLE USE
You agree not to use the App or Services for any unlawful purpose, or any purpose prohibited under this clause. You agree not to use the App or Services in any way that could damage the app, Services, or general business of D8ta Technologies LLC.
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You further agree not to use the App or Services:
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To harass, abuse, or threaten others or otherwise violate any person’s legal rights.
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To violate any of our intellectual property rights or any third party.
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To upload or otherwise disseminate any computer viruses or other software that may damage the property of another.
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To perpetrate any fraud.
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To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme.
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To publish or distribute any obscene or defamatory material.
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To publish or distribute any material that incites violence, hate, or discrimination towards any group.
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To unlawfully gather information about others.
INDEMNIFICATION
To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless D8ta Technologies LLC and its affiliates and/or related entities, whether direct or indirect, current, former or future, and its and their respective current, former or future officers, directors, employees, agents, successors and assigns and related third parties (each an “Indemnified Party”), for any claims, causes of action, debts, damages, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any third-party claim that (a) your use of or inability to use the Services, (b) any user postings made by you, (c) your violation of any terms of this Agreement or your violation of any rights of a third-party, or (d) your violation of any applicable laws, rules or regulations, except to the extent caused by any unlawful or negligent act or omission by D8ta Technologies LLC. D8ta Technologies LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with D8ta Technologies LLC in asserting any available defenses. An Indemnified Party may participate in the defense by counsel of its own choosing, at its own cost and expense. You shall not settle any claim that adversely affects an Indemnified Party or imposes any obligation or liability on an Indemnified Party without the Indemnified Party’s prior written consent.
EXCLUSION OF LIABILITY
You understand and agree that we (A) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties; and (B) shall not be responsible for any materials posted by us or any third party. You shall use your judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.
Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user using the Platform including loss of data or information or any kind of financial or physical loss or damage.
In no event shall D8ta Technologies LLC, nor its Owner, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful, or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content attained from the Service; and (iv) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we’ve been aware of the possibility of such damage, and even if a cure set forth herein is originated to have futile of its important purpose.
MODIFICATION & VARIATION
We may, from time to time and at any time without notice to you, modify this Agreement. You agree that we have the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Platform and that modifications or variations will replace any prior version of this Agreement unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
NO WARRANTIES
You agree that your use of the Platform and Services is at your sole and exclusive risk and that any Services provided by us are on an “As Is” basis. We hereby expressly disclaim any express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Platform or Services will meet your needs or that the Platform or Services will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the App or obtained through the Services. You agree that any damage that may occur to you, through your computer or smart phone system, or because of the loss of your data from your use of the App or Services is your sole responsibility and that we are not liable for any such damage or loss.
LIMITATION ON LIABILITY
We are not liable for any damages that may occur to you because of your use of the App or Services, to the fullest extent permitted by law. This section applies to any claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
SEVERABILITY
If any provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
GOVERNING LAW
This Agreement is made under and shall be governed by and construed in accordance with the laws of the State of New Mexico, USA for those Users who enter into this Agreement with D8ta Technologies LLC.
CONTACTING US
If you would like to contact us to understand more about terms or wish to contact us concerning any matter, you may do so via the contact us or email us at help@catdb.app