Important notice — please read
These Terms contain (a) a binding individual arbitration agreement and class action waiver (Section 19) that, with limited exceptions and unless you opt out, require disputes between you and us to be resolved through individual arbitration rather than jury trials or class actions; (b) important driving-safety obligations and an assumption of risk (Section 5); and (c) disclaimers of warranties and limitations of our liability (Sections 16–17). By using AutoCastNow you accept all of them.
1. Acceptance of These Terms
These Terms and Conditions (the "Terms") are a legally binding agreement between you ("you" or "your") and AngelGate Solutions ("AngelGate Solutions," "we," "us," or "our") governing your access to and use of the AutoCastNow mobile application, its CarPlay interface, and any related websites, features, content, updates, and services we provide in connection with it (collectively, the "App").
By downloading, installing, registering for, accessing, or using the App — whether obtained through the Apple App Store, TestFlight, or any other authorized channel — you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree to these Terms in their entirety, you must not use the App and must uninstall it from all of your devices.
Authority. You represent and warrant that you have the legal capacity and authority to enter into these Terms. If you use the App on behalf of another person or entity, you represent that you are authorized to bind that person or entity, and "you" includes them.
Electronic acceptance. Tapping "Agree," "Continue," "Sign Up," or any similar control, creating an account, completing a purchase, or simply using the App constitutes your electronic signature and acceptance of these Terms, with the same legal effect as a handwritten signature.
Additional terms. Certain features may be subject to additional posted terms, rules, or guidelines ("Additional Terms"), which are incorporated here by reference. If Additional Terms conflict with these Terms, the Additional Terms control for that feature only.
2. What AutoCastNow Is (and Is Not)
AutoCastNow is a media player and launcher. It allows you to: (a) browse and play video and other media from media servers that you own, operate, or are authorized to access (such as Jellyfin, Emby, or Plex) on your iPhone and, where supported, on your vehicle's CarPlay display; and (b) open third-party streaming applications already installed on your phone via shortcuts.
For the avoidance of doubt, the App:
- does not host, store, upload, distribute, sell, license, index, transcode on our infrastructure, or re-stream any media content;
- does not provide, include, or grant access to any content whatsoever — all content you play comes exclusively from your own servers or your own accounts with third-party services;
- does not capture, record, decrypt, circumvent digital rights management on, or re-transmit content from third-party streaming services; shortcuts merely open the official third-party app;
- is not a video-on-demand service, a content library, a piracy tool, or a means of accessing content you do not otherwise have the right to access.
We act solely as the provider of playback and launcher software. We have no knowledge of, control over, or responsibility for the contents of servers you connect or services you open.
3. Eligibility & Accounts
Age. You must be at least 13 years old (or the higher minimum age required in your jurisdiction) to use the App, and at least 18 years old (or the age of majority in your jurisdiction) to purchase a subscription or agree to these Terms on your own behalf. If you are between 13 and the age of majority, you may use the App only with the consent and supervision of a parent or legal guardian who agrees to these Terms on your behalf and accepts responsibility for your use.
Drivers. Use of the App in connection with a motor vehicle additionally requires that you hold any license legally required to operate that vehicle and that you comply at all times with Section 5 (Driving Safety).
Your account. Some features require an account. You agree to provide accurate, current, and complete information, to keep it updated, and to keep your credentials confidential. You are responsible for all activity that occurs under your account, whether or not authorized by you, and you agree to notify us promptly at asnchz80@gmail.com of any suspected unauthorized use. We are not liable for any loss arising from unauthorized use of your account to the extent caused by your failure to safeguard your credentials.
One person per account. Accounts are personal to you and may not be sold, transferred, shared, or assigned. We may refuse, reclaim, suspend, or terminate accounts at our reasonable discretion, including where an account is inactive, violates these Terms, or creates risk or legal exposure for us.
4. Beta & Test Builds
The App (or particular features) may be offered as a pre-release, beta, TestFlight, or otherwise experimental version ("Beta Version"). Beta Versions are provided solely for evaluation and testing, may contain defects, may be modified or discontinued at any time without notice, and may delete or corrupt data (including watch progress, settings, and connected-server configurations). Beta Versions are provided "AS IS," with no warranties of any kind and no commitment of any future release. If you access a Beta Version through Apple's TestFlight, Apple's TestFlight terms also apply. To the maximum extent permitted by law, our total aggregate liability arising out of any Beta Version is zero, and you use Beta Versions entirely at your own risk. You agree not to rely on Beta Versions for any critical purpose and to keep backups of anything important.
5. Driving Safety & Assumption of Risk — IMPORTANT
Parked-only video. Video playback on the vehicle display is designed to be available only while the vehicle is parked. This restriction is enforced by the operating system and by the App using on-device signals. You agree that you will not watch, or attempt to watch, video while operating a moving vehicle, and that you will not circumvent, disable, tamper with, spoof, or otherwise interfere with the App's or the operating system's safety mechanisms (including by falsifying motion, speed, gear, or location signals, jailbreaking a device, or using modified builds).
You are the driver. You are solely and exclusively responsible for the safe operation of your vehicle at all times, for maintaining awareness of road and traffic conditions, and for complying with all applicable laws, rules, and regulations — including laws governing screen use, video display, device mounting, and distracted driving in every jurisdiction where you drive. Laws vary by state and country; it is your responsibility to know and follow them. If any use of the App is not permitted where you are, do not use it there.
No reliance on the safety gate. The parked-only mechanism is a safety aid, not a guarantee. Software, sensors, and vehicles can fail or behave unexpectedly. The availability of any App feature at any moment does not constitute a representation by us that using it at that moment is safe or lawful. You agree to exercise your own independent judgment at all times.
Assumption of risk. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU KNOWINGLY AND VOLUNTARILY ASSUME ALL RISKS ARISING FROM OR RELATING TO USE OF THE APP IN, AROUND, OR IN CONNECTION WITH ANY VEHICLE — INCLUDING RISK OF ACCIDENT, COLLISION, PERSONAL INJURY, DEATH, PROPERTY DAMAGE, TRAFFIC CITATION, FINE, OR VEHICLE IMPOUNDMENT — WHETHER ARISING FROM YOUR CONDUCT, THE CONDUCT OF OTHERS, EQUIPMENT OR SOFTWARE FAILURE, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR ANY ACCIDENT, INJURY, DEATH, VIOLATION, CITATION, OR DAMAGE OF ANY KIND ARISING FROM OR RELATED TO USE OF THE APP IN OR AROUND A VEHICLE, INCLUDING USE IN VIOLATION OF THIS SECTION.
Passengers and other users. If you permit any passenger or other person to use the App in your vehicle or under your account, you are responsible for their compliance with this Section, and their use is at your and their own risk.
6. Your Content & Your Servers
The App plays media from servers that you connect ("Your Content"). You represent and warrant, on a continuing basis, that: (a) you own, control, or are expressly authorized to access each server you connect; (b) you have all rights, licenses, and permissions necessary to lawfully possess, access, and play all of Your Content in every jurisdiction where you use the App; and (c) Your Content and your use of it do not and will not infringe, misappropriate, or violate the intellectual property, privacy, publicity, or other rights of any third party or any applicable law.
You are solely responsible for Your Content, for the configuration and security of your servers (including their network exposure, authentication, and encryption), and for all activity between your device and your servers. We do not monitor, review, moderate, endorse, or take any responsibility for Your Content, and we have no obligation to do so. We are not a party to, and bear no responsibility for, any arrangement between you and any person whose server you access or who accesses yours.
You may not use the App to infringe intellectual property rights of others. We reserve the right (but have no obligation) to suspend or terminate access for users we reasonably believe are using the App for infringement, and to cooperate with lawful requests from rights holders and authorities.
7. Copyright Complaints (DMCA)
We respect intellectual property rights. Because the App does not host content, most infringement concerns will relate to content stored on users' own servers, which we do not control. Nevertheless, if you believe the App or any material connected with it infringes your copyright, you may send a notification under the Digital Millennium Copyright Act (17 U.S.C. § 512) to asnchz80@gmail.com with the subject "DMCA Notice," including: (a) identification of the copyrighted work; (b) identification of the allegedly infringing material and its location; (c) your contact information; (d) a statement of good-faith belief that the use is unauthorized; (e) a statement, under penalty of perjury, that the information is accurate and you are authorized to act for the copyright owner; and (f) your physical or electronic signature. We may terminate the accounts of repeat infringers. Misrepresentations in a notice may expose you to liability under 17 U.S.C. § 512(f).
8. Third-Party Services & Trademarks
The App may display names, icons, or shortcuts for third-party streaming services (for example Netflix, YouTube, Hulu, Disney+, Max, Peacock, Prime Video, Paramount+, or Tubi) and may interoperate with third-party media server software (for example Jellyfin, Emby, or Plex) (collectively, "Third-Party Services"). Shortcuts simply open the official third-party app installed on your phone; the App never plays, frames, captures, records, or re-transmits content from third-party streaming services.
Third-Party Services are governed by their own terms, policies, and subscription requirements, which are solely between you and the relevant provider. You are responsible for complying with them. Third-Party Services may change, restrict, or discontinue functionality at any time, which may affect how (or whether) the App interoperates with them; we have no responsibility or liability for such changes, for the availability or performance of any Third-Party Service, or for anything you purchase from or share with one.
No affiliation. AngelGate Solutions and AutoCastNow are not affiliated with, endorsed, sponsored, or certified by any Third-Party Service, by Apple Inc. (other than distributing through the App Store under Apple's developer terms), or by any vehicle manufacturer. All product names, logos, and trademarks are the property of their respective owners and are used solely to identify the corresponding services in a nominative manner.
9. Subscriptions, Free Trials & Payments
Plans. The App offers a free, ad-supported tier and optional auto-renewing subscriptions (for example monthly or yearly) that remove ads and unlock premium features ("Premium"). Feature availability by tier is described in the App and may change over time as the App evolves.
Billing through Apple. All purchases are processed by Apple through your Apple ID. Payment is charged at confirmation of purchase. We never receive or store your payment card details. Subscriptions renew automatically at the then-current price unless cancelled at least 24 hours before the end of the current period; your Apple ID is charged for renewal within 24 hours before the period ends. You can manage or cancel subscriptions at any time in your Apple ID account settings; cancellation takes effect at the end of the current billing period, and you keep Premium access until then.
Free trials. Where offered, a free trial converts automatically to a paid subscription unless cancelled at least 24 hours before the trial ends. Any unused portion of a free trial is forfeited when you purchase a subscription. Trial eligibility may be limited to one per person, and we may modify or withdraw trial offers at any time.
Refunds. Except where required by applicable law, all payments are final and non-refundable, and no refunds or credits are provided for partial periods, downgrades, unused features, or periods where the App was available but you did not use it. Refund requests are handled exclusively by Apple under App Store policies; we cannot issue App Store refunds ourselves.
Price and plan changes. We may change subscription prices, introduce new plans, or modify what is included in each tier. Price changes apply no earlier than the next renewal after notice (via the App, the App Store, or email). If you do not agree to a change, your remedy is to cancel before it takes effect. Applicable taxes may be added where required.
Entitlement, not property. A subscription is a limited entitlement to features while active. It conveys no ownership interest and no right to any specific feature continuing to exist, provided the core described functionality remains reasonably available during your paid period.
10. Free Tier & Advertising
The free tier is supported by advertising served by third-party ad networks (currently Google AdMob). Ads appear only in the App on your phone and are never shown on the vehicle display while driving. Advertisers and ad networks are solely responsible for their ads; inclusion of an ad is not an endorsement by us. Interactions with advertisers, including any purchases, are solely between you and the advertiser. Ad-free use is available through a Premium subscription. Ad-related data practices are described in our Privacy Policy. You agree not to block, tamper with, click-fraud, or otherwise interfere with the display or measurement of ads on the free tier.
11. Acceptable Use
You agree that you will not, and will not permit or assist anyone else to:
- use the App's safety-gated features while driving, or circumvent, disable, spoof, or interfere with any safety mechanism (see Section 5);
- use the App to access, play, copy, or distribute content you do not have the legal right to access;
- reverse engineer, decompile, disassemble, translate, or attempt to derive the source code of the App, except to the limited extent such restriction is prohibited by applicable law;
- copy, modify, adapt, create derivative works of, distribute, sell, rent, lease, sublicense, or otherwise commercialize the App or access to it;
- remove, obscure, or alter any proprietary notices in the App;
- interfere with, disrupt, probe, scan, overload, or attempt to gain unauthorized access to the App, its backend services, other users' accounts or data, or any connected network;
- use the App to transmit malware or any harmful code, or in any manner that violates any applicable law or regulation;
- use automated means (bots, scrapers, harvesters) against the App or its services, or misuse, resell, or abuse any API or backend endpoint;
- misrepresent your affiliation with us, or use our names, logos, or trademarks without prior written permission;
- use the App in any high-risk environment where failure could lead to death, personal injury, or severe damage (beyond its intended parked-entertainment purpose), or where its use is prohibited.
We may investigate suspected violations and take any action we reasonably deem appropriate, including warning, suspension, termination, and reporting to authorities.
12. Intellectual Property & License
Our property. The App — including its software, design, user interface, wordmark, logos, text, graphics, and all other materials (excluding Your Content and third-party content) — is owned by AngelGate Solutions or its licensors and is protected by copyright, trademark, trade secret, and other intellectual property laws. All rights not expressly granted are reserved.
Your license. Subject to your compliance with these Terms, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the App, in object code form only, on Apple-branded devices that you own or control, solely for your personal, non-commercial use, as permitted by the Apple App Store Terms of Service (including the Usage Rules therein). This is a license, not a sale; you obtain no ownership interest in the App.
Feedback. If you send us feedback, suggestions, bug reports, or ideas ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable license to use, reproduce, modify, and otherwise exploit that Feedback for any purpose, without compensation or attribution, and you waive any moral rights in it to the extent permitted by law. We have no obligation to use Feedback or keep it confidential.
Open source. The App may include open-source components licensed under their own terms, which govern those components. Nothing in these Terms limits your rights under, or grants rights that supersede, any applicable open-source license.
13. Privacy
Our AutoCastNow Privacy Policy describes what information the App collects, how it is used, and the choices you have — including how location and motion signals are processed on-device for the parked-only safety gate, and how your media server credentials stay in the iOS Keychain on your device. By using the App you consent to those practices.
14. Updates, Changes & Availability
We may, at any time and without liability: update, modify, add, or remove features; require you to install updates to continue using the App; and suspend or discontinue the App or any part of it (including backend services), temporarily or permanently. We do not guarantee that the App will be available at any particular time, error-free, or compatible with any particular device, iOS version, vehicle, head unit, media server, or Third-Party Service, or that any given vehicle will support CarPlay video features. Playback quality and availability depend on your network, your server, your vehicle, and third parties beyond our control. If we permanently discontinue the App while you have an active paid subscription, your remedy is limited to seeking a pro-rata refund for the unused portion from Apple under App Store policies.
15. Suspension & Termination
By you. You may stop using the App at any time and may delete your account from Settings. Deleting the App does not automatically cancel a subscription — cancel through your Apple ID settings.
By us. We may suspend or terminate your access to the App or your account, with or without notice, if we reasonably believe you have violated these Terms or applicable law, created risk or possible legal exposure for us or others, or if we discontinue the App. Where practicable and lawful, we will attempt reasonable notice. Upon termination your license ends immediately and you must cease all use. No termination entitles you to any refund except as required by law or Apple's policies.
Survival. Sections that by their nature should survive termination — including Sections 5, 6, 7, 8, 11, 12, 16, 17, 18, 19, 20, 21, 22, and 24 — survive any termination or expiration of these Terms.
16. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND ALL RELATED SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE AND OUR LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT: (A) THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) DEFECTS WILL BE CORRECTED; (C) THE APP WILL BE COMPATIBLE WITH ANY VEHICLE, HEAD UNIT, iOS VERSION, MEDIA SERVER, OR THIRD-PARTY SERVICE; (D) ANY SAFETY MECHANISM WILL OPERATE WITHOUT FAILURE IN ALL CIRCUMSTANCES; OR (E) ANY DATA (INCLUDING WATCH PROGRESS OR SETTINGS) WILL NOT BE LOST. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE APP CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT CASE, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE MINIMUM PERIOD PERMITTED BY LAW.
17. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ANGELGATE SOLUTIONS OR ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; (B) ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES; (C) ANY DAMAGES RELATING TO YOUR VEHICLE, YOUR SERVERS, YOUR CONTENT, OR ANY THIRD-PARTY SERVICE; OR (D) ANY DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA — IN EACH CASE HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP WILL NOT EXCEED THE GREATER OF (i) THE AMOUNTS YOU ACTUALLY PAID US (THROUGH APPLE) FOR THE APP IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (ii) FIFTY U.S. DOLLARS (USD $50).
THE LIMITATIONS IN THIS SECTION ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US; THE APP WOULD NOT BE PROVIDED ON THESE ECONOMIC TERMS WITHOUT THEM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, INCLUDING FOR DEATH, PERSONAL INJURY, FRAUD, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT, OR THE EXCLUSION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED, AND CONSUMERS MAY HAVE RIGHTS UNDER MANDATORY LOCAL LAW THAT THESE TERMS DO NOT AFFECT.
18. Indemnification
To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless AngelGate Solutions and its owners, officers, employees, contractors, agents, licensors, and suppliers from and against any and all claims, demands, actions, investigations, damages, losses, liabilities, judgments, settlements, fines, penalties, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) Your Content, your servers, or your access to or use of them; (b) your access to or use of the App, including any use in or around a vehicle; (c) your violation of these Terms or of any law or regulation, including traffic and distracted-driving laws; (d) your infringement or misappropriation of any third-party right, including intellectual property rights; (e) your circumvention or attempted circumvention of any safety mechanism; or (f) any dispute between you and a third party, including any Third-Party Service, advertiser, passenger, or other driver. We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense. You may not settle any such matter in a way that imposes any obligation or admission on us without our prior written consent.
19. Dispute Resolution: Informal Resolution, Binding Arbitration & Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES MOST DISPUTES TO BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTIONS, UNLESS YOU OPT OUT AS DESCRIBED BELOW.
(a) Informal resolution first. Before initiating any arbitration or court proceeding, you and we each agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the App (a "Dispute") informally. The party raising the Dispute must send the other a written notice describing the Dispute and the requested relief (to us: asnchz80@gmail.com, subject "Dispute Notice"). The parties will negotiate in good faith for at least sixty (60) days after the notice is received. If the Dispute is not resolved within that period, either party may proceed as set out below. Completion of this informal process is a condition precedent to initiating arbitration or litigation, and any applicable limitations period is tolled during it.
(b) Binding arbitration. Except as provided in subsection (e), any Dispute that is not resolved informally shall be finally resolved by binding arbitration on an individual basis, administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, as modified by this Section. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of this arbitration agreement. The arbitrator (and not any court, except as to subsection (d) and the enforceability of the class waiver) has exclusive authority to resolve all Disputes, including any question of arbitrability. Arbitration will be conducted by a single arbitrator, in English, and — at your election — by documents only, by videoconference, or in person in the county where you reside. The arbitrator may award the same individual relief a court could award, and must issue a reasoned written decision. Judgment on the award may be entered in any court of competent jurisdiction.
(c) Fees. Payment of filing, administration, and arbitrator fees will be governed by the AAA's rules. If your claim is for less than USD $10,000 and is not frivolous or brought for an improper purpose, we will reimburse your AAA filing fee upon written request. Each party bears its own attorneys' fees and costs unless the arbitrator awards them under applicable law.
(d) CLASS ACTION AND JURY TRIAL WAIVER. YOU AND WE EACH WAIVE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION OR ARBITRATION. DISPUTES MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, AND THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE PROCEEDING. If this class action waiver is found unenforceable as to a particular Dispute or requested relief, then that Dispute or relief (and only that) shall proceed in court under Section 20, and the remainder shall proceed in arbitration.
(e) Exceptions. Nothing in this Section prevents either party from: (i) bringing an individual claim in small claims court in a court of competent jurisdiction; (ii) seeking temporary injunctive or other equitable relief in court to protect intellectual property rights or prevent irreparable harm pending arbitration; or (iii) reporting matters to government agencies, which may seek relief against us on your behalf where the law allows.
(f) Mass filings. If twenty-five (25) or more similar arbitration demands are filed against us by the same or coordinated counsel, the parties agree the AAA's Mass Arbitration Supplementary Rules (or, if unavailable, a staged bellwether process of up to ten (10) cases per side selected for resolution first, with remaining cases tolled) shall apply, to ensure fair and efficient administration.
(g) 30-day right to opt out. You may opt out of this arbitration agreement and class action waiver by emailing asnchz80@gmail.com with the subject "Arbitration Opt-Out" — including your name, the email associated with your account, and a clear statement that you opt out — within thirty (30) days of first accepting these Terms. Opting out does not affect any other provision of these Terms.
(h) Severability and survival. Except as stated in subsection (d), if any part of this Section is found unenforceable, the remainder remains in effect. This Section survives termination of these Terms.
20. Governing Law & Venue
These Terms and any Dispute are governed by the laws of the United States and, to the extent state law applies, the laws of the state in which AngelGate Solutions is established, without regard to conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Subject to Section 19, any Dispute that may be brought in court shall be brought exclusively in the state or federal courts located in the state in which AngelGate Solutions is established, and you and we each consent to personal jurisdiction and venue there — except that if you are a consumer, nothing in this Section deprives you of the protection of mandatory consumer-protection provisions, or of access to the courts, of the jurisdiction where you habitually reside where applicable law so requires.
21. Apple App Store Terms
These Terms are between you and AngelGate Solutions only — not with Apple Inc. ("Apple"). The following additional terms apply to any copy of the App obtained through the Apple App Store:
- Acknowledgment. Apple is not responsible for the App or its content. Your license to use the App is limited to a non-transferable license to use it on Apple-branded devices that you own or control, as permitted by the Usage Rules in the App Store Terms of Service (except that the App may be accessed by other accounts via Family Sharing or volume purchasing where available).
- Maintenance and support. We, not Apple, are solely responsible for providing any maintenance and support for the App. Apple has no obligation whatsoever to furnish any maintenance or support services for the App.
- Warranty. We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App to you; to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to a warranty are our responsibility as between us and Apple.
- Product claims. We, not Apple, are responsible for addressing any claims by you or a third party relating to the App or your possession or use of it, including (i) product liability claims; (ii) any claim that the App fails to conform to applicable legal or regulatory requirements; and (iii) claims under consumer protection, privacy, or similar legislation.
- Intellectual property claims. In the event of any third-party claim that the App or your possession and use of it infringes that third party's intellectual property rights, we, not Apple, are solely responsible for the investigation, defense, settlement, and discharge of such claim to the extent required by these Terms.
- Legal compliance. You represent and warrant that (i) you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance, Apple has the right (and is deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
- Contact. Questions, complaints, or claims regarding the App should be directed to AngelGate Solutions at asnchz80@gmail.com.
22. Export Controls & Legal Compliance
The App may be subject to U.S. export control and sanctions laws, including the Export Administration Regulations and regulations administered by the Office of Foreign Assets Control. You agree not to export, re-export, or transfer the App, directly or indirectly, in violation of these laws, and not to use the App if you are located in an embargoed jurisdiction or are a prohibited or restricted party. You are responsible for complying with all laws applicable to your use of the App in your jurisdiction, including motor vehicle, consumer, privacy, and intellectual property laws. U.S. Government end users receive only those rights customarily provided to the public under these Terms, consistent with FAR 12.212 and DFARS 227.7202.
23. Electronic Communications
By using the App or providing an email address, you consent to receive communications from us electronically — including in-app messages, push notifications (which you may control in iOS Settings), and email — and you agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that they be in writing. Service-related and legal notices are part of the App and cannot be opted out of while you maintain an account, though you may opt out of marketing communications at any time.
24. General Provisions
- Entire agreement. These Terms (together with the Privacy Policy and any Additional Terms) constitute the entire agreement between you and us regarding the App and supersede all prior or contemporaneous understandings, communications, and agreements, whether oral or written.
- Severability. If any provision of these Terms is held invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permissible (or, if incapable of enforcement, deemed modified to the minimum extent necessary to make it enforceable, or severed), and the remaining provisions will remain in full force and effect.
- No waiver. Our failure or delay to enforce any provision is not a waiver of that provision or of our right to enforce it later. Any waiver must be in writing and signed by us to be effective.
- Assignment. You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent, and any attempt to do so is void. We may assign these Terms freely, including in connection with a merger, acquisition, reorganization, or sale of assets, or by operation of law.
- Force majeure. We are not liable for any delay or failure to perform resulting from causes beyond our reasonable control, including acts of God, natural disasters, epidemics, war, terrorism, riots, labor disputes, governmental action, utility or internet failures, or failures of Apple, hosting, or other third-party providers.
- No third-party beneficiaries. Except for Apple as described in Section 21 and the indemnified parties described in Section 18, these Terms create no rights in any third party.
- Relationship. Nothing in these Terms creates any partnership, joint venture, employment, fiduciary, or agency relationship between you and us.
- Time limit on claims. TO THE EXTENT PERMITTED BY LAW, ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUED, OR IT IS PERMANENTLY BARRED. This does not apply where prohibited by law, and the period is tolled during the informal resolution process in Section 19(a).
- Interpretation. Headings are for convenience only. "Including" means "including without limitation." No rule of construction applies against the drafter.
- Notices to us should be sent to asnchz80@gmail.com. Notices to you may be provided in the App, by push notification, or to the email associated with your account.
25. Changes to These Terms
We may modify these Terms from time to time as the App evolves or as the law requires. When we make changes, we will update the "Last updated" date above and, for material changes, provide reasonable advance notice through the App, by email, or by other appropriate means. Changes apply prospectively from their effective date. Your continued use of the App after changes take effect constitutes acceptance of the revised Terms; if you do not agree, you must stop using the App and may cancel any subscription through your Apple ID settings. Material changes to Section 19 (arbitration) will not apply to Disputes for which either party had already provided a Dispute Notice, and each new version of Section 19 carries a fresh 30-day opt-out right.
26. Contact
AutoCastNow is developed by AngelGate Solutions.
Questions about these Terms: asnchz80@gmail.com
See also the AutoCastNow Privacy Policy.