Terms and Conditions

2.1 PIPEDA Compliance

This App complies with Canada's Personal Information Protection and Electronic Documents Act (PIPEDA), the federal private-sector privacy legislation. We are committed to protecting your personal information and maintaining compliance with PIPEDA's ten fair information principles, including accountability, consent, limiting collection, accuracy, safeguards, openness, individual access, and challenging compliance.

2.2 CASL Compliance

This App complies with Canada's Anti-Spam Legislation (CASL). Any commercial electronic messages (CEMs), including emails and SMS notifications, are sent only to individuals who have provided express, opt-in consent. We maintain an unsubscribe mechanism in all commercial messages and honor all opt-out requests within 10 business days.

2.3 Provincial Compliance

For users in Ontario, this App complies with Ontario's Consumer Protection Act, 2023, and the Accessibility for Ontarians with Disabilities Act (AODA). For users in other provinces, we comply with applicable provincial privacy and consumer protection legislation.

3.1 Grant of License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on your personal device for personal, non-commercial purposes. This license does not include the right to: (a) modify, translate, or create derivative works based on the App; (b) decompile, reverse engineer, or disassemble the App; (c) rent, lease, lend, or grant other rights to the App; (d) remove, alter, or obscure any proprietary notices or labels on the App; or (e) use the App for any illegal or unauthorized purpose.

3.2 Intellectual Property Ownership

The App, including all source code, object code, algorithms, design elements, graphics, icons, trademarks, logos, and all content (the "Content"), is the exclusive property of HitchGuardian or our licensors and is protected by international copyright, trademark, and other intellectual property laws. All rights not expressly granted to you are retained by us.

3.3 User-Generated Content

If the App permits you to upload, submit, post, or transmit content (including text, images, videos, or other materials) ("User Content"), you retain all ownership rights to your User Content. However, by submitting User Content to the App, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in connection with operating and promoting the App. You represent and warrant that you own or have obtained all necessary rights, licenses, and consents to grant the foregoing license. You are solely responsible for ensuring that your User Content does not infringe on the intellectual property rights, privacy rights, or other rights of any third party.

3.4 Trademark Notice

HitchGuardian, HitchGuardian, and all related logos and trademarks are either registered trademarks or trademarks of HitchGuardian in Canada, the United States, and/or other countries. You may not use these marks without our prior written permission.

4.1 Prohibited Conduct

You agree not to use the App or Services for any unlawful or prohibited purpose, including but not limited to:

• Violating any applicable local, provincial, federal, or international law or regulation
• Harassing, threatening, defaming, libeling, or abusing any person or entity
• Distributing unsolicited commercial messages or spam
• Installing, uploading, or transmitting viruses, malware, spyware, or other harmful software
• Attempting to gain unauthorized access to the App, our systems, or user accounts
• Harvesting, scraping, or collecting personal information about other users without consent
• Impersonating any person or entity or falsely representing your affiliation with another person or entity
• Posting, transmitting, or encouraging child exploitation, sexual content, or other illegal content
• Creating a false account or using multiple accounts to circumvent any restrictions
• Interfering with or disrupting the integrity or performance of the App or Services
• Selling, trading, or exploiting the App or your access to the App in any way
• Using the App to develop competing products or reverse engineering the App
• Accessing the App through automated means (bots, scrapers) without authorization

4.2 Enforcement

We reserve the right to investigate violations of these Terms and take appropriate action, which may include suspending or terminating your account, removing User Content, restricting your access to the App, and pursuing civil or criminal action to the extent permitted by law. We may also report violations to law enforcement and cooperate with investigations.

5.1 "As Is" Provision

The App and all services, content, and materials provided through the App are provided on an "as is" and "as available" basis without warranties of any kind, express or implied. To the fullest extent permissible under Canadian law, HitchGuardian disclaims all warranties, express or implied, including but not limited to: warranties of merchantability, fitness for a particular purpose, title, non-infringement, and warranties arising from course of dealing, course of performance, or trade usage.

5.2 Specific Disclaimers

We do not warrant that:

• The App will be uninterrupted, error-free, or free from viruses or other harmful components
• The App will meet your specific requirements or expectations
• Any defects in the App will be corrected
• The App will be compatible with all devices, operating systems, or software
• The Content is accurate, complete, or current
• Any third-party services integrated with the App will function properly

5.3 Your Responsibility

You assume all responsibility and risk for your use of the App, including any loss or damage to your personal device or data. You are responsible for maintaining appropriate security measures on your device and for creating and maintaining backups of important data.

6.1 Limited Liability

Except as required by law, in no event shall HitchGuardian, its directors, officers, employees, agents, or licensors be liable to you for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages), arising out of or in connection with: (a) your use of or inability to use the App; (b) unauthorized access to or alteration of your data; (c) statements or conduct of any third party; (d) any other matter related to the App or Services.

6.2 Maximum Liability

To the extent permitted by law, our total liability arising out of or related to these Terms or the App shall not exceed the lesser of: (a) the amount you have paid to us in the twelve (12) months preceding your claim; or (b) CAD $100. Some jurisdictions do not allow the limitation or exclusion of liability, so some of the above limitations may not apply to you.

6.3 Essential Clause

You acknowledge that these limitations of liability are essential terms of these Terms and that we would not be willing to provide the Services without them.

8.1 Termination by You

You may discontinue using the App and terminate your account at any time by uninstalling the App and ceasing use of the Services.

8.2 Termination by Us

We reserve the right to suspend, restrict, or terminate your access to the App and Services, and to delete your account and associated data, at any time and for any reason or no reason, without notice or liability. Reasons for termination may include: (a) violation of these Terms; (b) violation of applicable law; (c) our discontinuation of the App or Services; (d) technical or security reasons; (e) abuse of the App or Services; or (f) inactivity.

8.3 Effect of Termination

Upon termination, your right to use the App immediately ceases. All provisions that by their nature should survive termination (including Intellectual Property Rights, Limitation of Liability, Indemnification, Governing Law, and Dispute Resolution) shall survive termination.

9.1 Pricing

All prices for in-app purchases, subscriptions, or premium features are displayed in the App and subject to change at any time. We will provide notice of price changes, and your continued use of a paid service constitutes acceptance of the new pricing.

9.2 Billing

Payments are processed securely through third-party payment processors (such as Apple App Store, Google Play Store, Stripe, or PayPal). Your billing information is handled by these third parties in accordance with their privacy policies and terms. We do not store complete credit card information.

9.3 Refunds and Cancellation

Refund eligibility and procedures depend on your platform:

• Apple App Store: Refund requests must be made through App Store guidelines
• Google Play: Refund requests must be made within 15 minutes of purchase or within 48 hours of the transaction
• Direct Payments: Refund requests must be submitted in writing within 30 days of purchase

All refund requests are reviewed on a case-by-case basis. Once refunded, your access to premium features may be immediately revoked.

9.4 Subscription Terms

If you purchase a subscription, payment will be charged to your account at the frequency specified. Your subscription will automatically renew unless you cancel it before the renewal date. Cancellation must be made through the App or your account settings.

10.1 Third-Party Integration

The App may integrate with third-party services, APIs, tools, or content (including analytics, payment processors, social media platforms, and cloud services). Your use of these third-party services is subject to their respective terms of service and privacy policies. We are not responsible for the content, accuracy, functionality, security, or availability of third-party services, nor are we responsible for any harm resulting from your use of these services.

10.2 External Links

The App may contain links to external websites or resources. We do not endorse, control, or have responsibility for these external sites. Your access to and use of external sites are entirely at your risk and subject to their terms and conditions.

10.3 Data Sharing with Third Parties

Where the App requires data sharing with third parties (such as payment processors or analytics providers), we require these third parties to implement appropriate safeguards and to use the data only as necessary to provide the requested service. See our Privacy Policy for complete details on data sharing practices.

8.1 Canadian Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of the Province of Alberta, Canada, without regard to its conflict of law principles. The parties irrevocably submit to the exclusive jurisdiction of the courts of Alberta for resolution of any disputes.

8.2 International Users

Users outside of Canada acknowledge that these Terms are governed by Canadian law. However, certain mandatory consumer protections in your jurisdiction may apply, and we will comply with any requirements that override these Terms.

9.1 Informal Resolution

Before initiating formal proceedings, you agree to attempt to resolve any dispute informally by contacting us at [email protected]. We will endeavor to respond to your complaint within 30 days.

9.2 Arbitration

Except where prohibited by law, any dispute, claim, or controversy arising from or relating to these Terms or the App shall be resolved by binding arbitration administered by [ARBITRATION PROVIDER, e.g., JAMS or Arbitration Place], in accordance with its arbitration rules. The arbitration shall be conducted in English in Calgary, Alberta, Canada. Each party bears its own attorney's fees and costs, except that the arbitrator may award reasonable attorney's fees and costs to the prevailing party if the arbitrator determines the claim is frivolous.

9.3 Class Action Waiver

You agree that any arbitration or court proceeding shall be conducted on an individual basis and not as a class action, class arbitration, representative action, or collective action. You waive the right to participate in any class action against us.

9.4 Exception

Disputes relating to intellectual property infringement, confidentiality, or other equitable relief may be brought in court.

GDPR Compliance (European Union, UK, Switzerland, Iceland, Liechtenstein, Norway)

If you are a resident of or accessing the App from the European Union, United Kingdom, Switzerland, Iceland, Liechtenstein, or Norway, the following additional terms apply:

Legal Basis for Processing

Our processing of your personal data is conducted on the basis of: (a) your explicit consent; (b) necessity to perform our services contract; (c) compliance with legal obligations; (d) protection of vital interests; (e) performance of tasks in the public interest; or (f) our legitimate interests in operating, securing, and improving the App.

Your Rights Under GDPR

You have the right to: (a) access your personal data; (b) correct inaccurate data; (c) request erasure ("right to be forgotten"); (d) restrict processing; (e) object to processing; (f) data portability; (g) withdraw consent at any time; and (h) lodge a complaint with your supervisory authority.

Lawful Basis

Please see our Privacy Policy for details on our lawful basis for processing personal data.

CCPA/CPRA Compliance (California, USA)

If you are a resident of California, the following additional rights apply:

Consumer Rights

• Right to know what personal information is collected, used, and shared
• Right to delete personal information
• Right to opt-out of the sale or sharing of personal information
• Right to limit use of sensitive personal information
• Right to non-discrimination for exercising CCPA rights

How to Exercise Rights

Submit a verifiable consumer request through https://www.hitchguardian.me/ccpa or by contacting us at [email protected]. We will respond within 45 days.

Australian Privacy Act Compliance

If you are an Australian resident, we comply with the Australian Privacy Act 1988 and the Australian Privacy Principles (APPs). You have the right to access your personal information, request correction, lodge a complaint with the Office of the Australian Information Commissioner, and exercise other rights outlined in our Privacy Policy.